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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.
Joseph
Issue
We command you to summon
court at the
within and for the county of
November next then and there to answer unto John
and
name & Style of
the case upon promises to the damage of the said plaintiffs
of Three thousand Dollars. And have you then there this
writ
read it of the declaration which they
refuse to
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.
liam D. Walton
&style of Lavillebeuvre & Walton by
complain of Peter Powell & Joseph Powell of a plea of tre
defendants
this year
the mouth
as partners under the name of
shown and
from the date thereof to pay
name and description of
thousand five hundred and ninety five dollars and
eleven cents for value received :
there
note to the plaintiffs : by
said
to the
and being so
tion thereof afterwards to
at said place undertook & then there promised
said plaintiffs to pay said sum of money to them according to the tenor &
effect of said note & of said
and for that whereas
on the
thousand eight hundred thirty four
to
note in writing in the name of
day and
shown, &
the date thereof to pay
three thousand five hundred and ninety five dollars and
made over and
by means whereof the defendants then and there be
came
according to the
consideration thereof afterwards to
and
and there & there promised said plaintiffs to pay
them said sum of money according to the
fect
and for that whereas also
second day of march in the year of our Lord one thousand
eighty hundred thirty four
unto one Lorenzo Clark in the amount of a promise
made in writing his
promised thirty days from the date thereof to pay
Clark or order three thousand five hundred and ninety
five dollars
made over and
the said
the amount ofsaid note of which he
wards to
were indebted unto the said
wares
before them, in the sum of three thousand five hundred
and ninety five dollars eleven cents : and that afterwards
and before any
metioned had
of may in the year of our
hundred thirty four at
agreed by & between the said plaintiffs and the said de-
fendants and the said
that the said defendants should pay to said plaintiffs
the said
of the
tiffs as aforesaid, they the said defendants well know-
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.
ton partners doing
& Walton by
& Joseph
firm of
upon
ing that said
said: in consideration of which agreement and assent of the
said defendants
then and there undertook and promised the said plaintiffs
that they said defendants would meant to the plaintiffs the
amount of said note by the michigan or Boousbik then
bying at
Boats: then soon to leave
where the plaintiffs resided. And the plaintiffs in part say
that the said defendants did not remit said amount
of money specified in said note nor any money to the
plaintiffs by said steam Boats or in any other man-
ner: at through said Boats afterwards to wit on the
tieth day of June
voyage from
said defendants paid to said plaintiffs said sum of money
or any
do so to wit at said county, or otherwise satis-
fied or dicharged then said assumpsets & agreement,
thousand eight hundred and thirty
sum of
dollars, for the work and labor, care and diligence of the said plaintiffs by the said plaintiffs before that time done,
performed, and bestowed in and about the business of the said defendants and for the said defendants and at
special instance and request: And Also, in the further sum of
dollars, of like lawful money, for divers goods, wares and merchandise, by the said
plaintiffs before that time sold and delivered to the said defendants and at
And Also, in the further sum of
dollars, of like lawful money, for money by the said plaintiffs before that time lent
and advanced to, and paid, laid out and expended, for the said defendants and at
request: And Also, in the further sum of
dollars, of like lawful money, for other money by the said defendants before that time had and received to and for the use
of the said plaintiffs; and being so indebted, the said defendants, in consideration thereof, afterwards, to-wit: on the
day aforesaid, at the place aforesaid, undertook, and then and there faithfully promised the said plaintiffs to pay
the said several sums of money, in this count mentioned, when the said defendants should be thereunto afterwards requested.
And whereas, also, said defendant afterwards, to-wit: on the day and year, and at the county last afore-
said, accounted with said plaintiffs of, and concerning divers other sums of money from the said defendants to the said
plaintiffs before that time due and owing, and then in arrear and unpaid, and upon such accounting the said defendants
then and there found in arrear and indebted to the said plaintiffs in the further sum of
dollars, like lawful money, and being
so found in arrear and indebted, said defendants in consideration thereof, afterwards, to-wit, on the day and year last
aforesaid, at said county, undertook, and then and there promised said plaintiffs to pay
sum of money, when
Nevertheless, said defendants, although often requested to do so, have not as yet paid said several sums of
money above mentioned, or either or any part of either of them;
of said plaintiffs of
dollars, and therefore
in the wit commenced by above declarations, wit-
ness my hand and
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
clerk Gambles fees $1-13
fee book - 229
Verdict for plaintiffs book 8 page 325 & motion to set aside verdict & continued 412
verdict for defts book 9 page 460 motion for new trial overruled 475
And the paid defendants by
wrong
they did not undertake promise in manner and form
as the said plaintiffs have above thereof
and of this they
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.
notice
Recd a copy of within
this
from
Take notice that on the
year of our Lord one thousand eight hundred and thirty
hours of
that day, at
Walton in the City of New
depositions will be taken by the undersigned, to be read on the trail of the
above entiled case, on behalf of the
of said depositions, if not completed on that day, will be continued from day to
day at the same place and between the same hours, until completed.
To the above named
dants
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, reposing special trust and cofidence in your integrity and circumspection, do authorize and require you that
you cause to come before you such person or persons as shall be named to you by
&
Attorney or Agent, and him or them ezamine upon his, her or their corporal oath, (to be by you administered,)
touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in our
are plaintiffs and
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to-
gether with this commission, enclosed under your seal, to our 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.
Served by reading to
1836
vs.
You are hereby commanded to summon
Edward S. Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
are defendants on the part of the
plaintiffs and have you then and there this writ.
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.
vs
Executed this writ by reading
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
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of the
defendants and have you then and then and there this writ.
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.
Depositions of Witness produced from and
examined at the County house of
L
before me
Judge of the City Court of New
in a certain cause now pending in the
and William D.Walton, Plaintiffs and
defendants on the part of the
Plaintiffs
T. P. Lavillebeuvre, of lawfull age, being produced
from and examined on the part of the
Plaintiff deposeth and saith
that the
is composed J. N.
firm has existed
one thousand eight hundred and thirty
three and
That the annexed copy of letter
marked AB is
book of said
and that the original letter
firm was copied by this deponent into
the
letter was put
for
in this cause.
I
Court of New
that Thomas P.
whose pleace of Residence in New
in the State of
sworn to testify the whole truth of his
knowledge touching the matter in
controversey in the cause aforesaid,-
that deponent was examined and his
examination reduced to writing by me
and
presence on the
year eighteen hundred and thirty six
the hours of eight in the forenoon and
six in the afternoon at the Counting house
of
New
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.
Some time in March
last
purchased a lot of skins for your
and wrote us under date of
would
on the subject
We are much disappointed by not receiving
the money, as we have heavy payment to make
on
remit the amount as soon as possible
We are in receipt of
your
a note of
In regard to the note we should make the
which will be within the time named to
the case are that
of
assortmnet he gave his note for the purchase
at 30 days on
him, that the skins might be
Certain Conditions, and one of than was, that the
payment would be made within to days from
made, would be well paid of paid within
one year, as the price obtained was 20
than they could have been sold for at
or any other market yet sue
had committed an error, in purchasing at the
price he did
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.
Boats we thought the above explanation due,
as you might have
be
We
Mr. Coat wrote you to
the
which had been
here this
prevented us from making the
we hope Eve the
we may be able to remit the amount by her,
we hope this delay of a few days
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.
Depositions of witnesses
sworn and examined at the
House of Lavillebeuvre
in the City of New
State of Louisisiana before me, C
W.
Judges of the City Court of New Or-
leans State of
certain cause now depending in
the
the state of
Plaintiffs and
Plaintiffs.
T.
being produced, sworn and examined,
on the parts of the Plaintiff deposeth
and saith that he is well a acquaint-
ed with the
renzo
on the back of the note, drawn by
Clarke, dated
22d 1834
the said assignement law to
of the City of New
said note marked
exhibited to the witness and
examined said note in the
writing of the said
and that the
assingnments and said note of
renzo N. Clarke is the genuine sig-
nature of Lorenze. N. Clarke.
I,
of the city Court of New
hereby certify
villebeuvre, the deponents whose
place of residence is the City of New
was by me sworn to testify the whole
truth of his knowledge touching the
matter in controversy in the cause
aforesaid,
amined, and his examination redu-
ced to writing, and subscribed by
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 deponant in my
the
eighteen hundred and thirty six
tween the hours of Eight in the
forenoon and six of the afternoon,
at the counting house of
New
Young
being produced sworn and exami-
ined on the
tiffs deposeth and saith that he
was well acquainted with
Coats that he also was well ac
quainted with the hand writing
of said
Bills and receipts in his possession
written and signed by said
the
bed in the testimoney of the first
witness and which is exhibited
to the witness is the
signature of the said
has heard that said
is dead and has every reason to
believe that he is really deseased
I
associate Judges of the City Court of
New
Young Stephenson, the deponent
whose place of residence is New
truth of his knowledge touching the mat-
ter in controversy in the cause afore-
said that deponant was
his examination reduced to writing and
subscribed by said deponants in my pre-
sence on the
the hours of 8 in the forenoon and 6
of the afternoon at the country house of
state of Louisana.
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.
I
associate Judges of the City Court
of New
do certify, that in pursuance of
the
notice, cause before me at
Counting House of
&
and State of
P.
son, who where there by me sworn
and examined and
reduced to writing and subscribed
by them respectively in my pre-
sence, and their said depostitions
are now herewith returned.
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.
Lavillebeuvre & Walton
vs
P. & J. Powell
Served this writ by Reading it
to
day of July 1836
of
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
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
and
and
defendants
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 my county
Lavillebeuvre & Walton
vs
P. & J. Powell
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
and
and have you then and there this writ.
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 my County
Lavillebeuvre & Walton
vs
P. & J. Powel
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
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
are
are
and have you then and there this writ.
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.
Lavillebeuvre & Walton
vs
P & J Powell
Served this writ on
on the
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Lavillebeuvre & Walton
vs
P. & J. Powell
Thos J Stewart not found
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Laveillebeuvre & Walton
vs
P & J. Powell
Served this writ by Reading it
to the within named witnesses
in the county of
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
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
and have you then and there this writ.
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.
Lavillebeuvre & Walton
vs
P. & J. Powell
Executed this writ By reading it to
Edward H Bebee
in the
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
are
are
tiffs
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.
my County
Lavillebeuvre & Walton
vs
P. & J. Powell
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
are
are
defendants
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 my county
Lavilleboure
vs
P & J Powell
You are hereby commanded summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit court, on the
day
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
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.
County
Laveillebeuvre & Walton
vs
P. & J. Powell
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Served this writ on Edward H
Behee
Laveillebeuvre & Walton
vs
P. & J. Powell
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
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Lavillebouvre & Walton
vs
P & J Powell
Execused by the
court
Served & have the Body of
E H Behee in open court
We command you to attach
by
the Judge of our
and the truth to say in a certain matter of controversy, now pending in our said
are
has heretofore been summoned on the part of the 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.
Lavillbouvre &
vs
P & J Powell
not for deft
Served this writ on John
1837
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
AD 1837
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Served this writ on
1837
J N Laveillebeuvre &
vs
P & J Powell
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
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.
Served this writ on
July 1837
J Laivellabeuvre &
vs
P & J Powell
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
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
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.
Served this writ on Thos
J Stewart on the
August 1837
of
J U Laveillebeuvre &
vs
P & J Powell
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
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.
Ent
Lavellebeuvre & Walton
vs
P & J Powell
summon
Executed this writ on Thos. J Stewart on the
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
and the truth to say in a certain matter of controversy now pending in our said Court
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Lavillebeuvre & Walton
vs
P & J Powell
Summon
Served this writ on Thos J Stewart
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
Inst
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Ent
Lavellebeuvre& Walton
vs
Powell & Powell
Subpoerna for
Served this writ on
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
at the city of
and the truth to say in a certain matter of controversy now pending in our said court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
served this writ on Thomas J. Stewart
Lavillebeuvre & Walton
vs
P & J Powell
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Served this writ on the within named
witness
J U Lavellebeuvre &
vs
P & J Powell
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
not found on account of the Adjournment of
Court
Lavillebeuvre & Walton
vs
P & J Powell
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
at the
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendants on the part of
and have you then and there this writ.
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.
Executed this writ by reading the same to
the
Lavillebeuvre & Walton
vs
P. & J. Powell
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
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.
Lavellebeuvre & Walton
vs
P & J Powell
Served this writ on Edward H Bebee
on the
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Executed this writ & have now the body
of
Lavillebeuvre & Walton
vs
P & J. Powell
Execured by the court
We command you to attach
by
the Judge of our
the truth to say in a certain matter of controversy, now pending in our said
defendants wherein the said
has heretofore been summoned on the part of the 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.
Lavellebeuvre & Walton
vs P & J Powell
Thos. J Stewart not found in my County
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
at the city of
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Executed this writ by reading it to
Lavellebeuvre & Walton
vsP & J Powell
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
at the city of
and the truth to say, in a certain matter of countroversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
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.
Lavellebeuvre & Walton
vs
Thos. J Stewart not found in my
County
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
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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.
Served this writ by reading it to
Lavellebeuvre & Walton
vs
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 Circuit court, on the
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendants on the part of
and have you then and there this writ.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
vs
York
We, reposing special trust and confidence in your integrity and circumspection, do au-
thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our
wherein
plaintiffs and
defendants on the part of the
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Lavillebeuvre & Walton
vs
P & J Powell
Notice to take Depo-
sitions
Take Notice, That on the
year of our Lord one thousand eight hundred and thirty-
the City of New
depositions will be taken by the undersigned, to be read on the trial of the above endtled 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.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Ent
Lavellebeuvre & Walton
vs
P & J Powell
Neither of the within named
witnesses found in my county
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the
and the truth to say, in a certain matter of controversy now pending in our said
wherein
plaintiff on the part of
and have you then and there this writ.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Executed this writ by reading it to
J not found
in my county
Ent
Lavellibeuvre &
vs
P & J Powell
You are hereby commanded to summon
Stewart
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the
and the truth to say, in a certain matter of controversy now pending in our said
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I, Joseph Hoxie, Clerk of the City and County of New-
Court of Common Pleas for the said City and County, Do Hereby Certify, That
deposition was taken, was, at the time of taking the same,
Peace
commissioned and sworn, and that I believe the signature of said
thereto subscribed is genuine.
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Deposition of witnesses produced sworn and
examined at the office of
the County of New
before me Ambrose Kirtand a justice of the
peace in a certain cause now depending in the
the
tiffs and
the part of the defendant.
produced sworn and examined on this part
of the defendants deposeth and saith, that du-
ring a part of the month of
was at the Mouth of White
on my route to
ed directions from the defendants
ell in whose employ I was as Clerk to Make
purchases of certain descriptions of
Peltries for the
as were there offered and being required to return
to
arrangement with
that landing to buy certain descriptions and qual-
ities of furs & peltries within a certain range
of prices, for each article and quality of the
same according to a written memorandum which I gave him. &
to be made within a certain period of time:
which articles when purchased he was to forward
direct to
was to
souri, if he preferred having the payment made
at new orleans, the defendants would place
or they should designate on due proper notice
being given to them said defendants by said
they make payment: the compensation of
said
on the amount of the purchase provided he
adhered strictly to the memorandam I gave
april ensuing the defendants received a large
lot of
and Letters of advice of the purchase and shipment
on opening and inspecting the same. the articles
varied much from the instructions I gave him
that a
authorized to purchase and particularly the
article of Black Bear skin which he was pro-
hibited from buying and in the said lot of furs-
and peltries sent by him they constituted a large
proportion. and the prices paid by him for
certain of said furs and peltries so sent was
authorized by the defendants to delegate my
authority to purchase furs and peltries to any
person whatever but I did so
I considered the best interests of the defendants
in regard to the payment for said
the defendants received a letter from said
note to a
thousand five hundred & ninety five Dollars
and
said Clark had taken said note with him
to New
would pay the note it would be full satisfac-
tion for said purchases except his commission
of ten per cent the defendants also after that
received a letter from messrs Lavillebeuvre & Walton
of new orleans tho plaintiffs stating they had a certain note
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the note above described and that it was stated
to them it would be paid by the defendants
and requesting them to remit funds forthwith
for payment thereof. which Letter was an-
swered by defendents stating that funds would
he remitted shortly. soon after another letter
was received from the plaintiffs. to the defend-
ants requesting immediate payments a few
days after the receipt of the
the defendants from the plaintiffs the said
the defendants and stated he
to receive the money for the purchases made by
him as from the tenor of them the defendants
letters to him he judged that if they remitted
to new orleans by any steam Boat to meet
his
would
gainst the defenants for said purchases and
to avoid any risk whatever he preferred receiv-
ing it at
they would
pleased that he had called to receive the amount
due him. and expressed their dissatisfaction
unauthorized by them and very badly executed
by him. and that instead of the allowance of
ten percent which I had promised to allow him
they would pay him the amount of the pur-
chases made by him and allow him one half of the profits which they had re-
alized in the transaction to which proposi-
tion the said coates acceded: and the
er
of three thousand seven hundred and twenty
nine 33/100 Dollars in there abouts
in the usual receipt book of the defendants
and dated as now I can
which receipt was signed by the said
money was paid him on the
the date of said receipt and which money I saw
to
after his
known the said note of
exhibited to the defendants at
one of the
of
& Pay-
ment for a balance said to be due
was
on the back
of the note were
amounting together to about ninteeen hun-
dred dollars and the said
made for & account of the plaintiffs
the of the defendants expressed his surprise at
such a demand stating he had paid
said
saith I am perfectly familiar with the
whole
seeing all letters received by the defend-
ants during the period I was in their
employ which was long
transaction up to the
1835
ants
edge any amount whatever on account of
the said note of
tiffs nor received any letters or com
said note requesting payment or otherwise
after the payment to said
1834
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Mand made in the payment of the balance of
said note (except that a
said
called on
the defendants. and states there was a balance
due plaintiffs on said note. That he had
not the not with him) and I am
they defendants could not have made any one of
the three payments credited on the note
without my Knowledge or recovered any
within communication from the plaintiff
that he deponent resides at
further saith not.
I
certify that
place of residence is at
souri was by
of his knowledge touching the matter in controversy
in the cause aforesaid, that deponent was
examined and his examination reduced to wai
ting and subscribed by said deponent in my
presence on the third day of
year eighteen hundred and thirty eight between
the hours of Eight O Clock in the forenoon and
six O Clock in the afternoon at My office in
the City of NewYork in the County of New
and State of NewYork. Given and certified
the
I
and for the City and County of New
State of New
before me at my office in the City of New
in the County and State last aforesaid.
such examination reduced to writing and
subscribed by him in my presence and
his said
turned
Given at the City of New
County of New
this
vs
P & J. Powell
Depositions for defendants
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Lavillebeuvre & Walton
vs
P & J Powell
Notice to take Deposi-
tions
Take Notice, That on the
year of our Lord one thousand eight hundred and thirty-
of New
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.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
am D Walton
vs
We, reposing special trust and confidence in your integrity and circumspection, do au-thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our
wherein
plaintiffs and
defendants on the part of the
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I
in and for the City and County of New
the State of New
of the annexed
day of March
and thirty nine
the annexed notice cause
of
(the plaintiffs
notice
thereby me sworn and examined and such exami-
nation reduced to
in my presence and his said deposition is now
herewith returned
Given at the City of New
New
day of March 1839
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Deposition of witnesses produced sworn and
examined at the office of
in the city of New
in a certain cause now depending in the
tween
Defendants-
sworn and examined on the part of the defendants
deposeth and saith that he resides at
Mo: and has lately been in
the state of
there and on or about the 20th of February last
he received a notice from
Defendants to attend as a witness at the time
and place contained in the assured notice:
and in the cause therein mentioned, that on
or about the
nent was taken sick and was unable to at-
tend at the time and place aforesaid that
he
to the house and an several days afterwards
and that he by an management with said peter
powell on said
fixed upon this day the 7th of March as the
earliest period at which he could attend as a
witness in said cause and has now come to the
City of New
Deponent further saith that the body of the
receipt hereunto annexed markid A, was drawn
by deponent, and the same was signed by
the date thereof to wit the
country house of said
in
Peltries and furs purchased on account of said
P & J Powell, and forwarded to them at
and it was expressly understood at the time of
payment to be in full for all claims whatever
by note or otherwise existing at the time against
said P & J Powell
said
thousand seven hundred and twenty nine dollars
and thirty three cents, was paid said
in the
at the time he gave said receipt and in my
presence, and further deponent saith swt.
I
certify that
place of residence in
was by
Knowledge touching the matter in controversy in the
cause aforesaid; that deponent was examined and
his examination reduced to writing and subscribed
by said deponent in My presence on the
day of March in the year eighteen hundred and
thirty nine
the forenoon and six O Clock of the afternoon at
the office of
in the County of New York & State of New
Given and certified the
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Received
& twenty nine 33/100 dollars, being the full
amount of my
purchased & forward them up to this date, also
including are Hundred and eighty four 22/100
dollars being the half of the
Received
account of a
Received
of
also of
in all five hundred Dollars and
accounts of the seetings at fort
Receivd
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I Joseph Hoxie, Clerk of the City and County of New-
Court of Common Pleas for the said City and County, Do Hereby Certify, That
deposition was taken, was, at the time of taking the same,
of the peace a
commissioned and sworn, and that I believe the signature of said
thereto subscribed is genuine.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Lavillebeuvre & Walton
vs
P & J Powell
Executed this writ in the
by reading it to E. H. Beebe on
1839
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendant on the part of
and have you then and there this writ.
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Executed this writ in the
reading it to J.H. .
in my County
vs
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plantiffs and
defendants on the part of
and have you then and there this writ.
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Exceuted this writ in the
by reading it to
John
Wm. D. Walton
vs
Subpeona for Wm. K.
Rule for Depts.
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
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendant on the part of
and have you then and there this writ.
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Excuted this writ in the
T J Stewart not found
Service 1.00
1.12
vs
P
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiffs and
defendant on the part of
and have you then and there this writ.
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vs.
Powells
Executed this writ in the
by having the body of
open Court
We command you to attach
by
the Judge of our
the truth to say in a certain matter of controversy, now pending in our said
are
has heretofore been summoned on the part of the said
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Be it remembered
that on the trail of this case the plaintiffs read
in evidance the depositions of
& of Thomas P.
at New
in the words & figures following to wit (here
set out the depositions
The plaintiff then read
in evidance the note mentioned in one of said
depositions together with the assignment thereof
& the several
words & figures
the several
counsel then gave in evidance two letters
of the defendants
their
of
dants
may 1834
tiffs then
ness who testified that some time before this
suit
said note of Coats to present to the defendants
for payment which plaintiff were
New
declaration that he called are the said Powells
& demanded payment of it the said note than had the several credits
paid the amount of it to Coats the maker
made an account of the note but did
not remember whether they said they had
remitted any thing or any thing about remittance The said
tified that the
to New
time that the
left
directly after the 31st day of the same month
&
time said
dorsements
an said note: that said
had formely been enganged in trading in
The plaintiffs their read in evidance the depo-
sition of
had been taken
the defenants on the third of November
eighteen hundred thirty eight) which is in
the words & figures following
sert the first deposition of
Said
due some years since
lived in
of his death & that previous to his resi-
dence in
lived in
worth nothing & he had never been worth
any thing so far as witness know or be-
lived.
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The plaintiff have closed his case no other
testioney was given by either party.
The Court there
instructed the jury as follows (here insert the
instructions which are in the Judge's hand wri-
ting
The defendants counsel then asked
the court to instruct the jury as
lows
handwriting of gamble
structions
To the giving which instructions the plain-
tiffs by their cousel objected. The court
giving of which & each of them the plaitniff
by their counsel excepted.
after the
days the plaintifs moved to set aside
the said
for the following reasons then filed in
ting
(here insert them) which motion
was by the court
of the court overuling said motion the
plaintiff by then counsel except & pray
the court to sign & seal this their Bill
of exceptions which is done.
vs
P.&.J. Powell
Bill of exceptions
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vs
P.&.J. Powell
Reasons for new
trail
towit to set aside
the
lowing reasons
1 That the same is against
2 It is against the weight of
evidence
3 It is against instructions
4 The Court instructed the jury
wrong: &
asked for
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We the Jury find a
of the Defendants
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If the Jury belive from the evidance that after the payment
to
their debtor the Defendants are not liable to the plaintiffs
in this action
Received
3595
1900
2.695
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The
his
adopted and
If the jury shall be of
Cotes was
to receive the balance due from
the defendants in which case the jury
will of course find for the defendants
The second general guestion for the jury
is whether, supposing no
or any
by the defendants has then been any new
and
defendants
on this
whole of the evidance and
will
the defendants for such new and
promise if the
that no such consideration
will find for defendants
shall be of opinion that the plaintiffs
continued to hold Cotes as their
after the
Def's they will consider this as evidence
of that no argument was made by
which the
was
by the defendants
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Thirty days from date I promise to pay
L N Clarke or order three thousand five
Hundred and nienty five Dollers and
elevn cents for value
pay to the order of
of the within- $ 1000.00
Dec 29
July 3
making together nineteen hundred
14/100 Dollars in a/c of the within note