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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.
Auguste Choleau Bernard Gratte and
complain of
testament of
of a plea of
day of June in the year eighteen hundred and twenty
two
defendants as Executors as aforesaid made their
note in
note bearing date the day and year
Defendants as
there promised sixty days after the date of said
promissory note to pay to one
and one
sum of five thousand eight hundred and five dollars
and eighty six cents for value received payable
and
the payment of the said sum of money in the said
promissory note specified was to be made after
of the said promissory note and before the payment
of the said sum of money therein specified to wit
Thomas & Charles
appointed the said sum of money in the said promissory
note specified to be paid to the said
whom or to whose order the payment of the
said sum of money in the said promissory note
specified was by the
to be made after the making of the said promissory
note and before the payment of the said sum of money
therein specified to
aforesaid at the county aforesaid
by the name and
Past B K Missouri
to the said Plaintiffs by which
the said sum of money in the said promissory note
specified to be paid to the
By
as aforesaid then & there became liable to pay to the said
Plaintiffs the said sum of money in the said promissory
note specified according to the
and being so liable they the said
as aforesaid in consideration thereof
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.
aforesaid
promised their the said Plaintiffs to pay them
the said sum of money in the said promissory
note specified according to the
effect thereof.
And whereas also the said defendants as executors
as aforesaid
year aforesaid at the county aforesaid made
then certain other promissory note in
bearing date the day and year aforesaid and
note they the said
then & there promised sixty days after the date
of said promissory note to pay to the one
and one
of five thousand eight hundred and five dollars
and eighty six cents for value received payable
and
and
order the payment of the said sum of money in
the said promissory note specified was to be made
after the making of the said promossory note and
before the payment of the said sum of money therein
specified to
county aforesaid
by which said
there ordered and appointed the said sum of money in
the said promissory note specified to be paid to the said
aforesaid and the said
or to whose order the payment of the said sum of
money in the said promissory note specified
the
the making of the said promissory note and before
the payment of the said sum of money therein specified
to wit on the day and year last aforesaid at the
county aforesaid by the name and
note to the said plaintiffs by which said
last mentioned
the name and
ordered and appointed the said sum of money
in the said promissory note specified to be paid
to the said Plaintiffs And the said Plaintiffs
August
the said promissory note
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.
[5]
to and at the said
and payment of the said sum of money therein specified
was then & there duly required according to the tenor and
effect of said promissory note, but that neither the
said
as executors as aforesaid nor any person or persons on
their behalf did or wound at the
promissory note was as shown & presented for payment
thereof as aforesaid or at any other time before or after-
wards pay the said sum of money therein specified
or any part thereof but wholly neglected and refused
so to do. By means whereof the said Defendants
executors as aforesaid then & there became liable
to pay to the said plaintiffs the said sum of money
in the said promissory note specified
when they the said Defendants executors as aforesaid
should be thereunto afterwards and
they the said Defendants executors as aforesaid in consi-
deration thereof afterwards to wit on the day and
year last aforesaid at the county aforesaid under-
took and then & there truthfully promised them the
said plaintiffs to pay them the said sum of
money in the said promissory note specified when they
the said Defendants showed be thereunto afterwards
requested.
And whereas also the said
the day of Eighteen hundred and
at the county aforesaid was
Plaintiffs in the further sum of five thousand eight
hundred and five dollars eighty six cents for so
much money by the said plaintiffs before that time
lent and advanced to the said
instance and request and in the
five thousand eight hundred and five dollars & eighty
six cents for so much money by the said plaintiffs
before that time paid laid out and expended to &
for the use of the said
at his like special instance and request and
in the further sum of five thousand eight hundred
and five dollars eighty six cents for so much money
by the said
had and
tiffs and the said
the said Defendants executors as aforesaid
in cousideration thereof
teenth day of August in the year eighteen hundred
and twenty two
and then & there faithfully promised them the said
plaintiffs to pay them the said several sums of
money last mentioned whenever they the said Defen
dants executors as aforesaid showed be thereunto
afterwards requested
often requested so to do and altho the said several sums of
money in the above counts specified have been long
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.
[7]
due and
the several sums of money in the above mentioned
counts specified or any part thereof two the same
to the said plaintiff to pay the said Defendants
have
do refuse
plaintiffs of ten thousand dollars and there
fore they
Jnr
& others
vs
stead: Exc.
slam
This is an action
of
upon
Damage $ 11.000
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.
And the said
stead and
aforesaid come and defend the wrong and inju-
ry when & C. and say that they the said Thomas
& Charles S. did not as executors as aforesaid
undertake and promise in manner and form
as the said plaintiffs have above thereof com-
plained against them, and of this they put
themselves upon the country &c.
and the said Pliffs
, and for a further plea in this
behalf as to the two first counts of said declaration
the said defendants as executors as aforesaid say,
that the said plaintiffs ought not to have or
maintain their aforesaid action thereof against
them as executors as aforesaid because they say,
that the said promissory notes set forth and
described in the said two first counts as two
separate and district notes, are one and the
same note, and that the said two first counts
are founded on one and the same note which
said note they the said defendants executed
on the said
year of our Lord one thousand eight hundred
and twenty two
to wit at the county aforesaid and this they
are ready to verify wherefore they pray
judgment if the said plaintiffs ought to
have or maintain their aforesaid action
thereof against them the said defendants as
executors as aforesaid &c.
and for a further plea
in this behalf as to the two first counts in
said declaration the said defendants as execu-
tion as aforesaid say, that the said plaintiffs
ought not to have or maintain their afore-
said action thereof against them because
they say that the said
defendants said testator was not at the time
of his death indebted in any sum either to the
said
the payees of said notes in said two first.
Counts mentioned or to either of them or to the
said Thomas J. Reddick or to the said plaintiffs
nor was there then any contract or agreement
which had been made between the said
life time or between the said Thomas J. Reddick
and the said
tween the said plaintiffs and the said
in his life time by which the said defendants
as executors as aforesaid have since the death
of the said
said Thomas Hempstead & Charles S. Hempstead the
payees in said notes or to the said Thomas T.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Riddick or to the said plaintiffs: and this they the
said defendants are ready to verify; wherefore
they pray judgment if the said plaintiffs ought
to have or maintain their aforesaid action
thereof against them as executors as afore-
said
and for a further plea in
this behalf as to the said first & second courts
of said declaration, the said defendants say
that the said plaintiffs
ought not to have or main-
tain their aforesaid action thereof against
them as executors as
aforesaid because
they say that after the death of the said
June
said they the
said defendants made and exe-
cuted the said promissory notes in the
said
first and second counts mentioned and
and there delivered the same to the
of the
of the sum of five thousand eight
hundred five dollars eighty six cents
the said defendants then and there
received of
and from the said President & Directors
and by the said President
& Directors
ced to them the said defendants at
their in-
stance and request and the said defendants
that the said plaintiffs are
said President and
Directors and Company volunta-
& Company for the purpose of collecting
certain
debts due to the said President & Directors and
Company and paying certain debts due and
by and from the said President &
Directors and
Company and that the two promissory notes in
the
said two first Counts act forth and mentioned
were transferred by the
said
the said President & Directors &
Company le-
gally authorized, to the said plaintiffs as such
trustees & agents as aforesaid to wit at the day
& year
the said defendants are ready to verify: wherefore
they
to
have or maintain their aforesaid action
thereof against them U.C.
and for a further plea in this
behalf as to the first and second counts in said
declaration the said defendants say that the said
plaintiffs ought not
to have or maintain their
aforesaid action thereof against them
because
they say that an the said
June
the
said defendents as executors as aforesaid made
and executed the said
promissory notes in the
said first & second counts mentioned
as
making of the same, and that the payees in
each of the said
notes are the same identical
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.
in their
and not as executors: and that afterwards to
wit on the day and year aforesaid at the place
aforesaid they the said
Charles J. Hempstead payees as aforesaid, endorsed
in their individual capacities and not as exec-
utors, the same notes and then and there de-
livered them to the said Thomas J. Riddick
who became the legal holder of the same: and that
afterwards and when the said notes became
due and payable to wit an the
day of August
said notes
defendants as executors as aforesaid as the
makers of said notes who then and there as
such executors neglected and refused to pay
the same of which premises the said Thomas
notice, and so became legally liable to pay the
amount of said notes in their individual
capacity & not as executors as aforesaid: and
then and there promised in their individual
capacity & not as such executors to pay
the amount of said notes to said Ridick and
the said defendants in fact say that they are
both payees and makers of said notes in dif-
ferent nights as in this plea set forth
and that they are legally bound by their
said endorsment as aforesaid to pay the
amount of said notes in their individ-
ual capacity and not as executors as afore-
their liability as executors as aforesaid in
their executing said notes as
of: of all which premises, the said plaintiffs,
before and at the time of the endorsment
and delivery of said notes
said
day and year last mentioned had notice;
to verify: wherefore they pray judgment
if the said plaintiffs ought to have or main-
tain their aforesaid action thereof
against them U.C.
and for a further plea in
this behalf as to the first and second Courts
of said declaration, the said defendants
say that the said plaintiffs ought not to
have or maintain their aforesaid ac-
tion thereof against them, because they
say that they did make and execute the
said notes as in said Courts mentioned to
wit on the said
cutors as aforesaid; and that they the said
identical Thomas & Charles S. who are pay-
ees in their individual capacity as also
first endorsers of the same; and furthermore
that after the said notes were so made executed
and endorsed as in this plea mentioned to wit
on the day and year last aforesaid at the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Exceuted on
August
J. P. Brourn
Service
$
In O Jallon
vs.
E
for
aforesaid
promissed their she said Plaintiffs to pay them
the said sum of money in the said promissory
note specified according to the
effect Through
And whereas also the paid Defendants as executors
as aforesaid afterwards to wit on the day and
year aforesaid at the county aforesaid made
bearing
now to the court shown by which said promissnary
note then & there promissed sixty days after the date
of said promissnory note to pay to the one
and one
of five thousand eight hundred and five dollars
and eighty six cents for value received payable
and negotiable at the
defalcalcation and the said Thoms
and
order the payment of the said sum of money in
the said promissory note specified was to be made
after the making of the said promissory note and
before the payment of the said sum of money therein
specified to
county aforesaid
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.
twenty two at the County aforesaid, for and in
consideration of the sum of five thousand
eight hundred five dollars eighty six cents
by the President & Directors & Company of the
advanced to the said defendants & at their
request and this they are ready to verify: wherefore they pray Judgment if the
said plaintiffs ought to have or maintain their
aforesaid action thereof against them the
said
as executors as aforesaid &.C.
Chrs S.
advm
others
Pleas,
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
to the
said Defendants above pleased and
&
from having or
aforesaid against
because the said plaintiff say that the
sufficient in law to
said plaintiff from having or
the said
the
said pleas or
the said plaintiff
& costs
for
Defendant of
and the defendants as executory as aforesaid
came & say that the said pleas above demanded
to one good and sufficient in law to
the said plaintiff from having &
&c.
John O. Fallon
&
vs
&c.
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.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
say, in a certain matter of controversy now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the and have you then there this writ.
Executed on
august
In
&
E Hampstread Exts