On demand I promise to pay to Wm Clerk or order the sums of five hundred and sixteen dollars and eighty seven cents for value received without defalcation

William Clark complains of Thomas S. Tucker of a plea of trespass, on the case on promises — For that whereas the said defendant heretofeor to wit on the first day of april eighteen hundred and thirty seven at st Louis to wit at the county aforesaid made his cer-tain promissory note in writing (which is now here to the count shown) bearing date the day & year and thereby then and there promised to pay on demand to the said plaintiff or order the sum of five hundred and sixteen dollars and eighty seven cents for value received with out defalcation and then and there delivered the said promissory note to the said plaintiff;— by means whereof the said defendant then & there became liable to pay to the said plaintiff the said sum, of money in the said promissory note specified according to the tenor & effect of the said promissory note. and the said plaintiff in fact saith that afterwards to wit on the fifteenth day of april in the year aforesaid to wit at the county aforesaid, payment of the said sum of money in the said promissory note specified was duly demanded by the said plain-tiff of the said defendant according to the tenor, and effect of the said promissory note. Yet the said defendant has not as yet paid the said sum, of money in the said promissory note specified or any part thereof but the same to pay or any part thereof, hath, hitherto wholly neglected & refused

[*] (To come in afterwards "promissory note" in 12th line from bottom) a being to liable he the said defendant then and there undertook & faithfully promised the said plain tiff to pay him the said sum of money in the said promissory note specified according to the tenor, and effect of the said promissory note.

[A]

George R H. Clark being duly sworn on his oath says that the above defendant Thomas S.Tucker is Justify in debted to William Clark the above plaintiff after allowing all just credits & setoffs in the sum of five hundred and sixteen dollars and eighty seven cents and that this affiant verily, believes that there is good reason to believe that the said Tucker is about fraudulently, to remove, convey and dispose of his property or effects so as to hinder, & delay his creditors.

We command you to Attach Thomas S . Tucker , by all and singular his lands and tenements goods, chattels, moneys, credits, and effects, or so much thereof as shall be suffi cient to secure the sum of Five hundred and Sixteen Dollars, & Eighty Seven cents with interest and costs of suit, in whose hands or possession soever the same be found, in your bailiwick; and that you summon the said Thomas S . Tucker , that he be and appear at the next term of the Circuit Court , before the Judge thereof, on the first day of said term, to be holden at the city of St. Louis , within and for the county of St. Louis , on the second Monday of July next then and there to answer unto William Clark of a plea of trespass on the case upon promises, to the damage of said plaintiff of Eight hundred dollars: And also, that you might summon all and every person, in whose hands or posses sion soever, any such lands, tenements, goods, chattels, moneys, credits or effects may be found, and particularly 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 there this writ.