no 30
St Louis Com pleas
March Term 1812
vs
Lewis' administrator
Territory of Louisiana
District of St Louis
The United States of
America to the Sheriff of the
District
of St Louis Greeting
We command you to summon Edward Hempstead administrator of Meriwether Lewis to appear before the
judges of
our Court of common pleas to be holden in the town
of St. Louis in and for the district of St
Louis on the first
monday in March next to answer unto Peter Chouteau
of a plea of Debt of eighty one Dollars
and to the our
age of the Lewis Chouteau two hundred and fifty
dollars and have you then there this
writ
Witness the honbl. Samuel Hammond
presiding judge of our said court
at the town of St Louis this 8th
day
of January in the year of our
Lord one thousand eight hundred
and twelve and of our Independence
the thirty
sixthCCCP
“ "Endorsed" " P . Chouteau pay John Davidson ”
“ " Jacob Phillipeon ""Copy of the Protest
" District of
Columbia
county of Washington sct.
Be it known that on the
seventeenth day of July in the year of Our Lord one
thousand eight hundred and
nine. I Henry
notary public for the county aforesaid, residing in the city
of Washington , in the said
county duly
and at the request of M. John Davidson presented
to D William Pistis secretary at war above mentioned,
the
original Bill whereof the above is a true copy,
the
time limited for payment of the said Bill being,
expired since acceptance thereof was demanded
by our
the said Notary and demanded of said Secretary of war
payment of the sum of money in
the said Bill specified whereunto he accused that he would not pay
the same
because the drawer had no authority to draw”.
Wherefore the said notary at the request aforesaid
have protested and by
these presents protest as
will
against the drawer of the said Bill, as all others whom
if doth or may concern, for all legal interest, damages,
cost
and changes which have accrued, on which may accrue by
reason of the nonpayment of the said sum of
money
according to the of the
said Bill. Thus done and
protested at the city of Washington , the
day and year aforesaid
In testimony whereof I have hereunto set my
hand my notarial seal of office
signed
Legend
notice $1-protesters1.701.75 material copy 1-$ 5.45
And also the following protest
“I Peter Notary Public for the
Commonwealth of
Pennsylvania , residing in the city of
Philadelphia , by
lawful authority duly
and , do hereby Cirtefy and attest unto all
whome it doth or may
concern that the foregoing are
time and faithful copies of an Original Bill and of the
protest for non payment thereof,
produced unto me by Lewis Philipeon there in named , and the holden thereof .
In Testimony whereof I have hereunto set my hand
and affixed my notarial seal the twenty
first day
of July 1809.”
(signed)
" Peter NP ”
No 30
St. Louis
Com Pleas
March Term 1812
This is an
action of
debt for
money due on a protested
Bill of Exchange of
eighty one dollars will cost
“ charges together with
two hundred and fifty
dollars damage . let a
a summons issueaccord-
ingly.
Allen p.q.
Executed.
A McNair Sheriff
ThuJanuary 9th 1812
A McNair Sheriff
District of St. Louis
Peter Chouteau by William Allen
his attorney complains of Edward Hempstead Administrator
of all
and singular the goods and chattels, rights & credits, lands
and
tenements which were of Meriwether Lewis late of the
district aforesaid
deceased, at the time of his death, who died
intestate (as it is said, for this to wit, that whereas the said
Meriwether Lewis in his life time, that is to say on the
sixteenth day of june in the year eighteen hundred
and
nine at the district aforesaid, according to the custom
of
merchants in that respect used and approved of, made “ drew a certain Bill of Exchange in
writing ,brailing date
the day and year aforesaid, upon
our Dr. William
Pustis secretary at war, and by the said bill
required
the said Dr. William Pustis secretary at war three days after sight to pay
to the said Peter Chouteau
the sum of eighty one
dollars,
value received and then and there delivered the said bill
to the said Peter Chouteau which said bill the said Peter Chouteau afterwards to wit on the seventeenth day of July
in the year eighteen
hundred and nine at the District of
Columbia . County of Washington , shared and presented to the
said Dr. William Pustis secretary of war for his acceptance
thereof, and then and
there required him to accept the same,
but the
said Dr. William Pustis secretary of War, did not
then and there,
or at anytime whatever, accept the said
Bill, and then and there wholly refused 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 &
year last aforesaid the said Dr.
William Pustis secretary of War wholly refused to pay
the same, whereof the Meriwether Lewis to wit on the
tenth day of August in the year eighteen hundred and
nine had notice
and whereof the said Edward Hempstead administrator
after the
death of the said Meriwether Lewis had also
on the tenth day of June in the year eighteen hundred
and ten Notice; By reason of which premises and according
to the custom and by the law of merchants, the said intestate
in his life time because liable to pay to the Peter Chouteau
the sum of eighty one dollars in the said bill specified
when he the said Meriwether Lewis should be thereunto afterwards
requested together with the
cost of protest and six per cent on the
amount of the said sum of
eighty one dollars, and being so liable he the said Meriwether Lewis in consideration thereof,
afterwards, to wit
the same day and year last aforesaid, at the
said District of
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 the said Meriwether Lewis should be thereunto afterwards
requested and the said Peter Chouteau that he did on
a day thereafter to wit on the twelth day of august in year eighteen
hundred and nine at
the district last aforesaid , who then
and there requested of the said intestate in his life time
payment of the said sum of eighty one dollars, cost
of
protest and the six per cent as aforesaid who refused to
pay the same or any part thereof and the said Peter Chouteau
also that he did after the death of the said Meriwether
Lewis apply to and demand payment of
the said Edward
Hempstead his administrator as aforesaid of the said sum
of eighty one dollars and cost of protest
together with the said
six per cent thereon as aforesaid who also refused to pay the
same or any part thereof to
him the said Peter Chouteau or
to any other person or persons for
his benefit; By reason whereof
and by force of the custom, Law of merchants and the salute
of this territory in such cases made and
provided a right
hath accrued to the plaintiff to have and recover of the
said administrator defendant the
said sum of eighty one
dollars, cost of protest
teogether with the six per cent before mentioned and therefore he sues to his damage
two hundred &
fifty dollars
Allen p.q
a copy of the bill of exchange mentioned in the foresawing declaration " St Louis june 16th 1809”
“Three days after sight, my first of this tenor no and
“ date remaining unpaid, pay to Peter Chouteau on order
“the sum of
Eighty one dollars for value received as advice
of this date
your Meriwether Lewis "
$81- “Dr. William Pustis Secretary of
War”
no. 30
St Louis com. pleas
March Term 1812
Louis adm.
This is
an action
of Debt
Clerk -Sheriff -80 -20 Tax - Money 6.00