There are no known copyright restrictions on this item. You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. Washington University Libraries does not assert copyright in reproduction scans of public domain materials made openly available on its websites. For more information on policies and procedures governing the use of materials, contact digital@wumail.wustl.edu.
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.
complains of
mas Fitzpatrick, John Jervail, and James Brid-
ger alias
ding and doing business under the name and
for that whereas the said defendants heretofore
to wit on the twenty second day of October in
the year One thousand Eight Hundred and thir-
ty one at
made their certain promissory note in writing how
here to the Court shown the date whereof is
the day and year last aforesaid and
then and there promised one day after date
(meaning one day after the date of said Promis-
sory note.) to pay said
order Two Thousand Six hundred and Fifty
Dollars and nine cents without defalcation
for
By means whereof the said defendants then and
there became liable to pay to the said
missory note specified according to the tenor
and effect of said note. And being so
they the said defendants afterwards to wit on
the day and year last aforesaid at
to wit at the County aforesaid undertook
and then and there promised the said Plain-
tiff to pay him the said sum of Money in
said Promissory note specified according to the
tenor and effect thereof
And whereas also
as
the said defendants afterwards to wit on the day
aforesaid by one
that behalf made their certain other Promissory
note in writing now here to the Court shown the
date whereof is the day and year last aforesaid
and thereby then and there promised to pay one day
after the date thereof
or order the sum of Two Thousand Six hundred
and Fifty dollars and nine cents without de-
falcation for value recd (meaning for value received) By
there became liable to pay to the said Plaintiff
the said sum of Money in the said last menti-
oned Promissory note specified according to the
tenor and effect of said Promissory note. And
being so liable they the said defendants after-
wards to wit on the day and year last aforesaid
at
dertook and then and there faithfully Promised
the said Plaintiff to pay him the said sum
of money in said last mentioned Promisso-
ry Note Specified according to the Tenor and
effect thereof.
And whereas also the said
defendants as partners in trade as aforesaid by the name and style aforesaid afterwards to wit on the ninth day
of July in the year One thousand Eight hundred
and thirty one at
aforesaid by the name and style of the
tain
shown the date whereof is the day and year last
aforesaid by which said due bill, they, the said
defendants acknowledged themselves to owe un-
to said Plaintiff or order the sum of thirty
dollars. By means whereof they the said defend-
ants then and there became
the said Plaintiff the said sum of money in
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.
said due bill specified according to the tenor
and effect of said due bill. And being so liable
they the said defendants in consideration thereof
afterwards to wit on the day and year last afore-
said at
undertook and then and there faithfully Pro-
mised the said Plaintiff to pay him the said
sum of Money in said due bill specified ac-
cording to the tenor and
And whereas the said defendants
also
aforesaid at
foresaid as Partners in trade, trading and doing
business under the name and style as aforesaid
by one Henry Fracb their then agent in that be-
half made their certain other due bill in
writing now here to the Court shown the date
whereof is the day and year last aforesaid
by which said due bill, they the said defendants
then and there acknowledged themselves to owe unto
the said Plaintiff or order the sum of thirty
defendants then, and there, became liable to pay
to the said Plaintiff the said sum of money
in said last mentioned due bill specified
according to the tenor and effect of said last
mentioned due bill. And being so liable they
the said defendants afterwards to wit on the
day and year last aforesaid at
to wit at the County aforesaid undertook
and then and there faithfully Promised the
said Plaintiff to pay him the said sum of
money in said last mentioned due bill Spe-
cified according to the tenor and effect thereof.
And whereas also the said de-
fendants as Partners in trade as aforesaid, trading and doing
on the first day of January in the year One thousand
eight hundred and thirty two at
in the further sum of three thousand dollars for
so such money by them the said defendants before
that time had and received to the
Plaintiff and also in the further sum of three
thousand dollars for so much Money by the said Plain-
tiff before that time lent and
laid out and expended for, the use of them the
said defendants and at their Special instance and
request and being so indebted they the said defend-
ants afterwards to wit on the day and year last afore-
said at
dertook and then, and there, faithfully promised the
said Plaintiff to pay him the said several
defendants should be thereunto afterwards requested
Nevertheless the said defendants
not regarding their said several Promises and
undertaking have not as yet paid to the said
Plaintiff the said several sums of money
above mentioned or any, or either of them or
any part thereof although after requeted so to
do but they the said defendants so to do have
hitherto wholly neglected and refused and still
do neglect and refuse to the damage of said
Plaintiff of Three Thousand dollars and there
-fore he brings his Suit
I know all men by these presents that I
gers and John Jervait in the sum of one hundred dol
lars upon Condition that if
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.
all costs in the suit now brought wherein he is plain
tiff and the said
and
as
Before me
Clerk of the
personally appeared
in the within declaration and made oath that
the defendants named in said declaration are
sand
and unsatisfied debt being due him on foot of
the said note and due
set forth and being a part of the several sums
in said declaration mentioned and that he
of or residing within this state.
vs
This is an action of
Damages $ 3000
Sworn to $ 2000
Set an attachment
issue on the within affi-
davit
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.
We command you to Attach
John Jervais &
goods, chattels, moneys, credits, and effects, or so much thereof as shall be
sufficient to secure the sum of
,with interest and costs of suit, in whose hands
or possession soever the same be found, in your bailiwick, that the said
partners in trade trading and doing business under the name
be and appear at the next term of the
of, on the first day of said term, to be holden at the city of
and for the county of
then and there to answer unto
of a plea of
to the damage of said plaintiff of
dollars: And also that you might summon all and every person, in whose
hands or possession soever, any such lands, tenements, goods chattels, mo-
nies, credits or effects may be found,
that they be and appear
before the Judge of our said court, on the first day of the term aforesaid, then
and there to answer unto what may be objected against them; and have you
then there this writ.
To Execute this writ ( attached fifteen hundred
of Beaver fur in the hands of
presence of Mr
person of the neighborhood that by Virtue of the
Writ I did so attach the Same and Summoned
him as Garnishee by offering to
Writ and declaration which he
The Sheriff is authorised to release the property attached
in this case
vs
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.
above case will summon
nishee. he will find him at
are the furs & C belonging to the de
fendants the
Co Which are to be attached
for the sheriff
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.
Sir:
payment out of the note on which the
attachment was taken out yesterday
you will therefore stop all
further proceedings in the business
&