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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
his attorney complains of
of trespass on the case upon promises.
For that whereas the said defendant heretofore, to wit: on the
thousand eight hundred and thirty-
same of
for the work and labor, care and diligence of the said plaintiff by
the said plaintiff before that time done, performed, and bestowed, in and about the business of the said defendant and for
the said defendant and at
dollars
goods, wares and merchandise, by the said plaintiff before that time sold and delivered to the said defendant and at
like special instance and request; and also in the further sum of
of like lawful money, for money by the said plaintiff before that time lent and advanced to, and paid, laid out and expended,
for the said defendant and at
thousand dollars
for other money by the said defendant before that time had and received to and for the use of the said plaintiff; and also
in the further sum of
for so much money by and from said defendant to
said plaintiff before then due and owing and then in arrear and unpaid for and upon an account stated between them: And
being so indebted, the said defendant in consideration thereof, afterwards, to wit: on the day aforesaid, at the place
aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay
money, in this count mentioned, when the said defendant should be thereunto afterwards requested: nevertheless the said
defendant not regarding the said promises and undertakings, although often requested so to do,
said plaintiff the said sums of money of either of them, or any part of either of them. Whereby the said plaintiff
wherefore
We command you to summon
before the Judge of our
of
instant then and there to answer unto
upon promises whereby the said plaintiff hath sustained damage in the sum of Two
thousand dollars and have you then there this writ
Served this writ
to him on the
the
Issue Summons.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Take notice that on the
year of our Lord one thousand eight hundred and thirty-
in the City of
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the
on that day, will be continued from day to day at the same place and between the same hours,
until completed.
Notice to take depositions
Served this notice on
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of witnesses, produced sworn and examined
on the
between the hours of seven in the forenoon and five in the
afternoon of that day at the office of
of the peace in the City of
the said
in the
plaintiff and
part of the plaintiff.
examined on the part of the plaintiff deposes and says:
in the month of
I was in the employment of the American
sent
the Company, to the mountains where the Company had
a
posting up the books I observed that nearly all the men
were indebted, but that Mr
credit on the books of fourteen hundred dollars or there
abouts. Thinking that perhaps there might be error, I
inquired of Mr Vanderberg and was informed by him
that the credit was correct, it being for
other articles which said
and which were at the establishment on the Yellow Stone
month that I arrived there, with a party of men to go
and hunt for the Company. The amount due Mr
the party
went to it, with the exception of one or two hundred
dollars for which he had received value. The
& other things which
he had the Credit before mentioned on their books, were
sold by him before he was employed by them and had
been acquired by him when acting for himself. That
was there before I went to the mountains, and as all
is that the
The books of which I have spoken and in which Mr
was credited as aforesaid, belonged to the American
partner and agent
About a year after the time above mentioned
Vanderberg was killed in The mountains. The books of
which I have spoken were left by me about the second
of last August in the hands of Mr
Camp in the mountains. When I went there as before
Stated, Mr
after he left the camp for the purpose of hunting as
aforesaid until this winter. Some of the men who
had gone with him came back to camp in December
of the same year, their
by the Indians who stole their horses. I dont know
that any payment of the amount due
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I feel confident that there is a
of at least twelve or thirteen hundred dollars by the
American
hands I left the books as before stated, was the agent
of the Company for the expedition in the mountains.
and examined on the part of the plaintiff deposes & says:
In the month of
was in the employment of the American
with a party of their men in the mountains under the
command of
Company. Then I saw Mr
Cause. M Vanderberg informed the that he had bought
Equipment but did not say how much he had
agreed to give for the same: I was not
the trade was made, and could not
beaver that smith had sold
there - I saw there two mules which
got
Company Carried on
acts which he performed were for the company and on
the plaintiff in the
and trapper then, and I have known him as
since that time. He never was in the employment
of the American
he sold them his beaver & Equipment as aforesaid
to my knowledge. I
hundred and twenty four
Camp in the mountains when he sold out to Vanderberg
I
and
by the Indians who stole their horses.
I
in the
birth of their knowledge, touching the matter in controversy aforesaid
that they were
and by
between the hours, and at the
for plff $ 2.43
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Take notice that on the
year of our Lord one thousand eight hundred and thirty-
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the
on that day, will be continued from day to day at the same place and between the same hours,
until completed.
notice
Executed this
copy of it to
of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of witnesses produced, sworn and examined on the
the hours of eight in the forenoon and five in the afternoon of that
day at the office of
City of
in a certain cause now depending in the
between
defendant on the part of the plaintiff.
David.E.
an oath being solemnly
I am acquainted with Thomas L.Smith the plaintiff and
became acquainted with him, in the spring I think of
and thirty two
after he and his party were
was then preparing to take another
the
not see him from that time until eight or nine days since
at this City.
I knew
employment of the American Fur Compamy. I have Seen
him often in the mountains engaged in trading & trapping
It was a part of his
from the whites as
he did buy fur from whites as well as indians.
on the part of the plaintiff deposeth and saith.
I became acquainted with Thomas. L. Smith the plaintiff
in the full of
territory.
well
employ until some time last summer. The
and
the most of the time that he was in the employ of
of country that any of the parties of the American
were trapping in.
part of the plaintiff, deposes and says:
In the month of
I was in the employment of the American
sent from Yellow Stone River where there was an establishment
of the company, to the mountains where the Company had a
party of men under the charge of Mr
purpose of serving as clerk. In posting up the books, I
observed that
nearly all the men were indebted, but that
the plaintiff had a credit on the books of
fourteen hundred dollars or thereabouts, Thinking that perhaps
there might be error, I inquired of Mr
informed by him that the credit was correct, it being for
and other articles which said
and which were at the establishment on the Yellow Stone river
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that I arrived there, with a party of men to go and hunt for
the company. The party consisted of ten men including
their names were Levy - he deserted - Ignace Langlade and
Thiery White Cotton
two were
The
and was the same when I left the party in the mountains, that
it was when I went to it, with the exception of one or two
hundred dollars for which he had received value. The
and other things which
he had the
by him before he was employed by them, and had been
acquired by him when acting for himself. That
at the Establishment on the yellow stone before I left there for
the mountains, and as all
the presumption is that the
The books of which I have spoken and in which
Mr
was a partner and agent in
About a year after the time above mentioned,
was
were left by me about the Second of last august in the hands
of Mr
went there as before Stated,
saw
as aforesaid, until this
with him came back to Camp in December of the Same year
stole their horses. I dont know that any payment of the
amount due
I feel confident that there is a balance
now due
dollars, by the American
in whose hands I left the books as before stated, was the
agent of the Company for the Expedition in the mountains.
I
were by me severally sworn &
of their knowledge, touching the matter in Controversy aforesaid
that they were examined and their examination reduced to writing
and by them respectively subscribed in my
between the hours, and at the place in that behalf first aforesaid
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And the said
by
and injury where & and says that he did
not undertake and
form as the plaintiff hath above thereof complaned
against him and of this he puts
himself
And for further plea in this behalf the said defen
dant says that the said plaintiff ought not to
have or mantain his aforesaid action thereof against
him, the defendant because he says that the said
plaintiff before and at the time of the commence
ment of this suit tourt on the
of money to wit in the sum of five thousand dollars
for
defendant before that time sold and delivered to the
plaintiff at his request for money by the defendant
before that time
at his like request and also for other money by the
plaintiff before that time had and received to and
for the use of the defendant, which said
so due and
exceeds the damages
non
the declaration
is
to
aforesaid. and this he is ready to verfy
prays judgment of the plaintiff ought to have or
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Pleas non
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And the said plaintiff as to
the plea by the defendant first above
he
and as to the second plea above, the plaintiff
saith that he ought not by reason of
in that plea
maintaining his action thereof against the said de-
fendant, because he says, that he doth not
to said plaintiff the said sum of money in
mentioned or any part thereof in
as in said plea is alleged: and this he prays
may be inquired of by the country &C.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Take notice that on
year of our Lord one thousand eight hundred and thirty-
& County of Saint
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the
on that day, will be continued from day to day at the same place and between the same hours,
until completed.
Executed this notice by reading it to
April 1834
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april eighteen hundred and thiry four
in the forenoon and five in the afternoon of that day, at the office of
and for the County aforesaid, in a certain cause now depending in the
plaintiff and
on the part of the plaintiff
with
about three or four years ago;
hunting and trapping in the mountains on his own account and
had with him some
was three packs and a half.
and the general report which
I understood to
not seen
I,
in the
was by me sworn to testify the whole truth of his knowledge touching
the matter in Controversy aforesaid; that he was examined and his
Examination reduced to writing and by him subscribed in my presence
on the day between the hours and at the place in that behalf first
aforesaid.
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Thos.
P
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You are hereby commanded to summon
Peresche
that setting aside all manner of excuse and delay, he be and appear in proper
person before the Judge of our
testify and the truth to say, in a certain matter of controversy now pending in
our said Court, wherein
is
is
Executed this writ an Cerre St
on the 8th and Perrerche
on the
the county of
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Know all men that we hereby acknowledge our
selves indebted to
in the sum of fifty dollars to be paid however
on the following condition,
above
to remain in force witness our hands &
seals,
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Bond for Costs.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
before the Judge of our
the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
part of the
Served this writ on
on the
it to him in the county of
for plff
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
before the judge of our
the truth to say in a certain matter of controversy now pending in our said Court,
wherein
part of the
Executed this writ on
reading it to him on the
1834
found in my county
for
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are required on the trial of
this cause to produce in evidence the
& which contained a credit in favor of the plaintiff
of about fourteen hundred dollars, & which were
American Fur Co.
Served the above
by reading it to him on the
1834
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
notice to produce Books
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Dr
DH
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
person before the Judge of our
day of April
testify and the truth to say in a certain matter of controversy now pending in
our said Court, wherein
is
is
Executed this writ on Ettienne Proveau by
reading it to him on the 16th
March 1835 in the county of
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
person before the Judge of our
day of April
testify and the truth to say in a certain matter of controversy now pending in
our said Court, wherein
is
is
Executed this writ by Reading it to
Garet on the 30th
1835
Cart Francis
not found in my county
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You Are Hereby Notified, That Depositions of Witnesses to be read in
evidence in the above cause, on the part of the
in the
day of
forenoon, and 6 o’clock in the afternoon.
Served the within Notice on
the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Deposition of witnesses pro=
duced sworn and examined, in pursuance
of a notice hereto annexed, on the
april eighteen hundred and thirty five
county aforesaid, at my office in the City of
cuit Court for the
aforesaid between
and
the part of the defendant
and examined on the part of the defendant
deposeth
charge of the effects of that company which
had formerly been under the charge of
Vanderburg
dred and thirty one
identifies it as a Book of accounts Kept by
at page 122 is entered an account a copy of
which is hereto annexed marked
this deposition. The whole of the account is in
the hand writing of said
tinued to act as clerk and book
took charge of the
traps was twelve dollars each - Beaver
five dollars
took place in the Indian Country east of the
Witness says he took charge of the effects after
effects was the Book above referred to, and
at that time the account of said
in the same State in which it appears in
the Copy hereto annexed - witness knows
nothing of said account except what
appears from the Book - Witness being
questioned as to what the memorandum at
the foot of the account
Moses Harris report"
they were hands in the employ of the Com=
pany at that time, and witness understands
by it that the “nota”
out on their report -
had been out with
by the company were generally furnished
with
of the effects in
thirty one
examined deposeth and saith that he
knows
and thirty two, purchased some Beaver of
him in that place
ican
Country - can not say how much
belonged to
over 200
it belonged to others who had been trapping
with
with Smith_
except one, who wa Augt. Duroche - but
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there were four or five others - Witness understood
by
in trapping, that they had been fitted out by
M Vanderburg - and they stated as a reason
for going into the Spanish Country that they
had been robbed of their horses by the Indians -
they had traps, thinks between twenty and thirty
and some horses with them - Witness thinks
had a horse and some traps that belonged
to the
one of the men who afterwards deserted
Cross examined
Witness says that he understood that most
of the
his party,
understood from
was trapped before he & his company had been
robbed by the Indians, and some of it was
trapped within a few days travel of
did not understand from
had been robbed of any thing but his horses,
&
his Camp several days after he had been
robbed of his horses - thinks he gave
at the rate of three dollars
pound for the Beaver - Witness being asked
what became of the traps: says that
went from Taos trapping again -
claimed fourteen hundred dollars of
and gave a drft on
of the Am:
which claim was for
dered & delivered to
by the Indians as
ination as relates to Smither declarations
Concerning the Draft and his claim on
the Am:
says that in July last he called on
three or four times to little his account
but he refused
obtaind a Judgment against the Am:
dred dollars, and that was the settlement
he wanted with them - he did not want
any more -
I
within and for the county aforesaid do hereby certify that
were by me severally sworn to testify the whole truth of the
matter touching the matter in controversy aforesaid;
that they were examined, and their examination re=
duced to writing, and by them respectively sub=
scribed, in my presence, on the day between the
hours and at the place in that behalf first afore=
said
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
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You are hereby commanded to summon
Charles
that setting aside all manner of excuse and delay, he be and appear in proper
person before the judge of our
at the
testify and the truth to say in a certain matter of controversy now pending in
our said Court, wherein
is
is
for
Executed this writ by Reading it to
the
not found in my county
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We command you to attach
by
the Judge of our
certain matter of controversy, now pending in our said
plaintiff and
defendant wherein the said
heretofore been summoned on the part of the said
Executed this writ and have the Body
of Lucien
attachment
for
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We command you to attach
by
the Judge of our
certain matter of controversy, now pending in our said
plaintiff and
defendant wherein the said
heretofore been summoned on the part of the said
Executed this writ and have the Body
of
for
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to attach
Garm
by
the Judge of our
certain matter of controversy, now pending in our said
plaintiff and
defendant wherein the said
heretofore been summoned on the part of the said
Executed this writ and have the two
within named witnesses in open
court
attachment
for
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We of the Jury find for the Plantiff,
Six Hundred Dollars-
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