No. 64
Nov. Term 1811
M. Lewis , admn.
costs clerk$2 9080101.006.00$10.40
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,
“ St Louis june 16th 1809”
“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
your
Meriwether Lewis
$81-
Dr William
“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
Additional count
to declaration
together with the said six per cent thereon as
aforesaid who also
refused to pay the said sum
or sums of any part thereof to him the said
Peter Chouteau or to any other person or persons for
his
benefit; By reason whereof and by the force of the
custom of
and Law of merchants and the
statute of this territory in such cases made and
provided
a right hath accuced accuced -> accused
to the plaintiff to have and
to recover of the said administrator
defendant
the further sum of eighty one dollars, cost of
together with the six percent thereon as
aforesaid
and therefore he sues to his damage one thou
sand dollars
Allen p. q.
District of St. Louis
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.
Allen
D . La Succession de fue Meriwether -
A Pierre Chouteau 1808 25.10.95. 325.500- 4. 16200- 20.231500- 15.24700- 7.4 8.7 1.75$185.75$ 168.75
St Louis 22 1811--
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 day4670.1811 oct 22“Interest fee on the Bill from 22nd may
1810 to this date139801809 June 16thyour Bill of exchange of this date no 28“cost of protest on the same 5.451811 oct 16th “Damage & interest on the same for 28
months2995
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 estateBy so much on account of the Missouri
fur
company 754.50Balance due P.C. $307.15
No. 67
St Louis com Pleas
nov term
1811.
M. Lewis
This is an
action on
the case to recover money
due on account
hereunto
let a summons
against the said
adminis-
trator, in the sum of
eleven hundred
dollars
damages, issue.
allen p.q
Executed on Edward
Hempstead administrator
A. McNair Shff
80 cents
adm of Meriwether Lewis dec
adv
Peter Chouteau
The defendant demurs to
the plaintiff's declaration and assigns
the following causes
to wit-
1. Because the Bills of Exchange are not
declared on -
2. Because matters aremixed
in one count
3. Because there are no
dates, nor places
mentioned in said declaration of the
said
declaration is informal
E. Hampstead for himself
nov 4 1811
adm. . of M . Lewis , Dec.
adv
Peter Chouteau
Territory of Louisiana
District of Saint Louis
Sct.
The United States of America
to the sheriff of St. Louis District
Greeting.
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.
Witness the honb Samuel Hammond
presiding judge
of our said court at
S Louis aforesaid this eighteenth day
of October in the year of our
Lord one
thousand eight hundred and eleven
and of
the Independance of this
United States the sixth Thomas Riddick Clk