additional count added, by preemition of the court.

And whereas also to wit on the sixteenth day of june in the year eighteen hundred and nine of the district aforesaid and within the jurisdiction of this court the said Meriwether Lewis in his life time did draw and deliver unto the said Peter Chouteau one other bill of exchange in the words and following to wit,

“Three days after my of this date announcing unpaid, pay to Peter Chouteau or order the sum of eighty one dollars for value received as advice of this date

“and then there delivered the said bill of exchange to the said Peter Chouteau which Bill the said Peter Chouteau after to wit on the seven-teenth day of july in the year eighteen and nine at the district of columbia and county of washington presented to the said Dr. William secretary at war for his acceptance thereof, and the and there requested him to accept the same, but the said Dr. william Sunday at war did not then & there or at any time whatsoever accept the said Bill of Exchange, and then and there which refused ever to accept the same by answering that he would not pay the same because the drawer had no authority to draw and afterwards to wit on the same day and year last aforesaid the said Dr. William secretary at war wholly refused ever to pay the same whereof the said Meriwether Lewis , to wit, on the tenth day of august in the said year of eighteen hundred and nine had notice and whereof the said Edward Hampstead administrator as aforesaid, to wit on the tenth day of june in the year eighteen hundred and ten had also notice: By of the promises and according to the custom, & law of merchants and the statute of this territory in such cases made and provided, the said anitistate in his lifetime because liable to pay the said Peter Chouteau the further sum of eightty one dollars in the said bill specific when he should be thereunto afterwards requested together with the cost of protest & six percent on the amount of the said sum of eighty one dollars and being is liable he the said Meriwether Lewis in consideration thereof, afterwards to wit on the said tenth day of August in the year eighteen hundred and nine, at the District of St Louis and within the jurisdiction of this court undertook and then and there faithfully promised the said Peter Chouteau to pay him the said sum of money in the said Bill contained together with the cost of protest the six percent as above expressed when him the said should be thereunto afterwards requested, and the said Peter Chouteau avow , that he did on a day thereafter to wit on the tenth day of august in the your your -> year eighteen hundred and nine, at the District of Louis aforesaid , then and there demand and request of the said Meriwether in his lifetime payment of the said sum of eighty one dollars, cash cash -> cost of protest and the did did -> six percent on the amount thereof as aforesaid, who refused to pay the sum or any part thereof, and the said Peter Chouteau also avows that he did after the death of the said Meriwether Lewis apply to and demand payment of the said Edward Hempstead administrator as aforesaid of the said sum of eighty one dollars, cost of protest

Peter Chouteau by w.o allen his attorney complain of Edward Hampstead Administrator of all and singular the good Chattels ; rights Credits , Lands Leniments which were of Meriwether Lewis died late of the district aforesaid, at the time of his death, who died intestate as it is said for this to wit that he under unto the said intestate the sums of money; sold and delivered unto him the said intestate the goods wears and merchantdise laid out and expended other sums of money; did work and labour; That the said intestate did make and Execute and deliver the said Bills of Exchange numbers 27-& 28-which were protested at cost and changes changes -> charges ; and that the said intestate did Execute his said bond for the said sum of twenty five hundred dollars, as , set down and changed in the accounts to subjoined by all of which it will appear, that the said intestate did in his life time did did undertake , promise, agree, and bind himself to pay to the said Peter Chouteau the said sums of money; the value of the said work labour; the amount of the said Bills of Exchange together with the cost of protest, the amount of damage resulting therefore therefore -> therefrom ; and the interest due on the said bond and form as set down in the said accounts. But the same to pay the said intestate in his Lifetime altho' often thereto required did always refuse; and the said Edward Hampstead the adminis-trator aforesaid altho' often , thereto required to pay the said sum of one thousand sixty one dollars & Sixty five cents or any part did hath to his damage eleven hundred dollars and therefore he sues.

D. La Succession de fue Meriwether - A Pierre Chouteau 1808 25. 10. 95. 3 25. 500- 4. 16 200- 20. 23 1500- 15. 24 700- 7. 4 8. 7 1.75 $185.75 $ 168.75

No 3-

The Estate of M . Lewis dec'd In Peter Chouteau Dr. To your Bill of exchange of this date (no 27) 440 "Amt paid Rufus Easton in consequence of the above Bill being protested for charges which was returnedto me on this day 4670. 1811 oct 22 “Interest fee on the Bill from 22nd may 1810 to this date 13980 1809 June 16th your Bill of exchange of this date no 28 “cost of protest on the same 5.45 1811 oct 16th “Damage & interest on the same for 28 months 2995 Balance due on your act as to accused 16875 Intesest on your bond of $2500 dated 7th Aug. 1808 from the 1st of may 1909 up to 1st of may 1810- per annum 150 $106165 Credit the above estate By so much on account of the Missouri fur company 754.50 Balance due P.C. $307.15

We command you to summons Edward Hampstead administrator of all and Singular the goods and Chattels , rights of credits, Lands and tenements , which of Meriwether Lewis decd late of the district aforesaid, if he may be found within your bailiwick that he be and appear before the judges of our Court of common pleas to the holden at the town of Saint - Louis in and fore the District of Saint - Louis on the first monday of November next then and there to Answer unto Peter Chouteau in a plea of trespass on the case to the damage of the Said Peter Chouteau one thousand one hundred dollars and have you then then this writ.