Hempstead vs. Falconer & Comegys

filed March 5th 1811

District of St. Louis

Falconer & John G. Comegys , late merchants trading under the style of their said part-
nerships, to wit Falconer & Comegys by Carr their attorney
complain of Edward Hempstead administrator of all and singular the goods rights of Meriwether Lewis deceased in a plea of trespass on the case for that
whereas the said Meriwether Lewis on the twentysecond
day of august eighteen hundred & nine, at the district
aforesaid made & delivered the following
promisory note $331.45 1/2 Saint Louis Aug 22 1809 there
“after date I promise to pay to Falconer " Comegys
under the sum of three hundred & thirty one dollars
“ forty five & a half cents, waived. Meriwether
“ Lewis ” and also this other promisory note to wit “
“ & twenty three dollars, thirty seven a half
“cents. Meriwether Lewis "August 24. 1809”— by reason of
the making & delivering of which said notes , the said
Meriwether Lewis & in his lifetime after the expiration
of the aforesaid term of three months became able to pay
to the plaintiff the aforesaid several sums of money agree
to the of said notes - the said
Meriwether in his life, and the said Edward Hemp
stead his administrator as aforesaid, since his decease
hath not paid the aforesaid several sums of money
nor any part thereof the said Meriwether in his lifetime & the said Edward Hempstead adm-
inistrator as aforesaid since his decease have been freq-
uently requested, but the same to pay hath hitherto wholy & state to the damage of the
plaintiffs the sum of five hundred dollars
therefore they sue by

Carr atty plf

Edward Hempstead Administrator
of Meriwether Lewis deceased,
advs
Falconer & Comegys

The Defendant in
proper person pleads:- that at the time of exhibiting
the plaintiffs writ to wit on the day of
in the year, One thousand Eight hundred Eleven at the
Town & District of St Louis , there had come into his
hands, and posession, Goods, chattels and
property of the said intestate to the amount as appraised
according to Carr . of One thousand One Dollar
twenty cents:- that on the twenty second day of
august last part. A part of the said estate was by
him exposed to public sale on a credit of Six months,
and Sold to the amount of Four hundred & thirty
Eight Dollar: and there remains in his hands unsold
to the amount of the appraised value of Five hundred
Thirty two Dollars, in notes & Territo
rial certificates uncollected and unpaid (out of
which is to be Deducted the charges & fees of administering
on the said estate & the amount of compensation to this
Defendant not yet allowed & ascertained). That
the following Demands have been presented to him as
administrator of the said estate To wit Philipson on a mortgage. the the premises Decreed to be sold
and sold leaving a balance due of $361.11 Charles
note of hand against the said Lewis , for
the sum of one hundred & twenty five dollars
James McFarlane noteagainst said Lewis for the
sum of seven hundred & Eighteen dollars forty five
cents. A protected Bill of exchange Drawnby
said Lewis in favorof Peter Proven on James
Madison Esquire, Secretary of State for the sum of Eighteen
dollar seventy five cents.

Said Lewis's note to for Antoine Saugrain for thirty
and Seventy five cents. said Lewis's note to Auguste Chouteau for Ten Dollars a Judgment against
this Defendant as administrator as aforesaid in favor of
brain rendered by Forgus Moorhead Esquire
a justiceof the peace for the town ship of St. Louis ,
for the Sum of Forty Eight Dollars which said Judgment this Defendant has caused to be removed to the
Court Common Pleas for the District of St . Louis
and an account of John Colter against said Lewis
to the amount of Five hundred and fifty nine Dollars
A note in favor of Alexander Stuart for Seven Hundred Fifty Dollars under Seal a protested bill
of Exchange by said Lewis in favor of
William H. Thomas for the sum of Two hundred Twenty dollars Gilbert C Russell note against said Lewis for the Sum of Three Hundred and Seventy
nine Dollars & Fifty eight cents , which will the Plaintiff demand in the suit, amount to the sum of
Three Thousand four Hundred & Fifty Two dollars Fifty nine
and one half cents , which leaves the said Estate insolvent not calculating the fee, charges and
expense of the administration not yet aforesaid in the amount of
Delete: to the the Two thousand four Hundred &
nineteen dollars eighty nine a half cents , and
there no other goods a or chattels or property of the
said Intestate have since come to his hands
to be administrated all which he is readyto verify

Hempstead for Def