No 75 July Term 1835
St Louis Circuit Court

John R.White
vs
Milton Sublette

Petition on note for $ 500
Issue summons

J Spalding Filed 22nd June 1835 Archibald Gamble Clerk

St Louis Circuit Court for July Term 1835

Third Judicial Circuit
County of St. Louis Jct. John R.White plaintiff
States that he holds a note on the defendant
Milton Sublette in substance
as followeth.

" White River Sept. 5.1833

On demand we promise to pay Joseph Junie or
order five hundred dollars for value received.

Test
" O.D . Henry for the Rocky Mountn fur Co."

On which is the following assignment,

"Pay to the John R.White Or order."

" New Mexico October 2nd 1833

Test
"D.
Chas. Bent his
Joseph
mark

Whereby the plaintiff hath become the
thereof of which the defendant hath had due
notice. Yet the said debtremains unpaid where-
fore the plaintiff prays judgment for his debt and
damages for the detention of the same together with
costs.

John R.White
by
J Spalding his atty

No 75 Saint Louis Circuit Court
July Term 1835

John R White
vs
Milton Sublette

Petition & Summons.

St Louis Circuit Court
for July Term 1835Third Judicial Circuit
County of St Louis Jct.

John R White plaintiff state that he holds
a note on the defendant Milton Sublette in substance as followeth-

White River Sept 5- 1833-

On demand we promise to pay Joseph Junie Or order five Hundred
dollars for value received

Test O D Henry Fracb For the Rocky Mountn fur. Co.

On which is the following assignment & pay to the bearer
John R White Or order- Taos New Mergico October 2nd 1833

Teste D Walds - Chas Bent - his
Joseph X Junie
mark

Whereby the plaintiff hath become the proprietor
therof of which the defendant hath had due notice- yet the said
debt remains unpaid wherefore the plaintiff pray judgment for his
debt and damages for the detention of the same together with costs

John R White
by
J Spalding his atty

The state of Missouri
County of Saint Louis SsTo the Sheriff of the County of Saint Louis : Greeting

We command you to summon Milton Sublette that he be
an appear before the Judge of our Circuit Court on the second
day of the next term thereof the be held at the City of St Louis within
and for the County of Saint Louis on the second monday of July next
then an there to answer unto the above demand of John R White
as set forth in his Petition of which the above is a copy and have you
then there this writ

Witniss Archibald Gamble clerk of our
said Circuit Court at office this twenty second
day of June in the year of our Lord one
thousand eight Hundred and thirty five Archibald Gamble Clark

Executed this writ by delivering a true of
it amd the peition to Milton Sublette in the
County of St Louis an the 24th day of June 1835
service $ 1.00

James Brotherton Shff
By M Brotherton D Shff

Executed this writ by reading it to Ira G Smith
on the 3d and to Peter Powell and Wm Sublette
on the 7th day of July 1835 and Wm H Ashley on the 14th in the county
of St Louis Edmond Christy
most found in my County

J Brotherton Shff
by G Hammond Dept Service 1.50 2 .25 $ 1.75

July 1835

John R White
vs
Milton Sublette

for Plaintiff

Peter Powell 7
William Sublette 7
Ira G Smith 3
Edmond Christy
William H Ashely On 14th July

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon Peter Powell - William Sublette - Ira
G. Smith - Edmund Christy and William H Ashley
that setting aside all manner of excuse and delay, they be and appear in proper
person before the Judge of our Circuit Court , on the fourteenth day of July instant
at the city of St. Louis , then and there to
testify and the truth to say in a certain matter of conatroversy now pending in
our said Court, wherein John R White is
plaintiff and Milton Sublette is
defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this Third day of July
in the year of our Lord one thousand eight hundred and thirty five Archibald Gamble Clerk, C.C.

ats
.
ss.

In the Saint Louis Circuit Court
July Term 1835.

1 And the said Milton Sublette by
his attorney comes and defends the injury
when , and says that he does ntowe the said
sum of money above demanded or any part thereof
in manner & form as the said John R. White ,
hath above thereof complained against him
& of this he puts him self upon the County &c

2 And for a further plea in this behalf the said
defendant says, that the said plaintiff ought not to
have and mantain his aforesaid action thereof against
him said defenadant because he says, that he
the said defendant in the saith day of September in the
year of our Lord eighteen hundred and thirty three, when
the said sum of money was demanded of & from the
said defendat, in the promissory note specified he
did met and truly pay up the same according
to the tune and effect of the said promissory my note
and this he the said defendant is ready to
wherefore he prays judgment if he said
plaintiff ought further to have and mantain his
aforesaid action thereof against him said defend-
ant &c

3 And for a further plea in this behalf the said defendant
says that he said plaintiff ought not further to and
maintain his aforesaid action thereof against him said defend-
ant, because he says that the said supposed promissory
note in the said petiton mentioned is not his note & of this
he puts him-self upon the County &c

4 And for a further plea in this behalf the
said defendant says that he said plaintiff ought not
further to have and mantian his aforesaid action thereof
against him said defendant because he says, that
on the truth day of october in the year of our Lord
eighteen hundred and thirty three he did well and
truly pay of the full amount of said sum of money
thereon specified, to the said John R White the
plaintiff in this case, after the same had been
assigned to him, and this he is ready to verify
wherefore he prays judgment if he said
plaintiff ought further to have and mantain his
aforesaid action thereof against him &

5 And for a further plea in this behalf, the said
defendant says that he said plaintiff ought not
further to have and mantain his aforesaid action
thereof against him said defendant, because he
says, that the said plaitiff, before and at the
time of the Commenement of this suit, to wit, on the
first day of June in the year of our Lord eighteen
hundred and thirty three, at the county
aforesaid, was and still is indebted to him said
plaintiff in a large sum of money to wit, the sum of
seven hundred dollars for divers goods wares &
merchendise before that time sold and delivered
to the said plaintiff, and for the said
plaintiff; & for money paid laid out & to &
for the said plaintiff; which said several sums
of money so due and owing from the said plaintiff
to the said defendant as aforesaid, the said
sum of money so due in said promissory note as set
forth in the petiton of him said plaintiff; and all
interst due thereon; and out of which said sum of
many so due and owing from the said plaintiff to
the said defendant, he the said defendant is ready
and willing and hereby offers to and allow
to the said, plaittiff; the full amount of the said
note, in said petition mentioned & all interest due therein;
according to form of the statute in such case made
and provided: And this he is ready to verify &c

Darly pro
deft

State of Missouri
County of St. Louis
ss.

Milton Sublette being duly sworn upon his
oath States that he does believes the facts stated in the
plea by him above pleaded as true and correct;- That
in the fall of the year eighteen hundred and thirty three,
at the time the note given the above petition was given
was a member or partner of what was called the
Rocky Mountain fur Company , that as a member of
such company he did not know of the note in the above
petition being given by any member of the said company
or by their knowledge and consult, - that he this affiavit
did not said note or know of its having
been 20 done, - that he does also verily believe that
no one of the parthenrs or members of the Rocky Moun
tain Fur Company gave said note or know of its
beign done- and this affiant does verily believe said
note is a forging & was not given by the authority or
knowledge of said company- and this affaint
does also verily believe that he can get evidence
from or some of the neighboring provinces
where said note purports to havebeengiven, to in-
validate the Same or & satisfy the court that
the same is not genuine, and

G Sublette Sworn to and subscribed
before me this 15th day
of July 1835 D Hough J.H .Sworn to and subscribed before me
this 15th July 1835 Archibald Gamble Clerk

No 75 In the St Louis Circuit Court
July Term 1835

Milton Subbtt
ats
John R.White
Pleas.

1. nil debit-

2- Payment before assigment

3- factum

4- payment of

5- set- aff-

Darly
pro deft.filed July 15 1835 A Gamble Clk

No 75 July Term 1835

Jno R White
vs
Milton Sublette

Affidavit filed
July 16 1835A G Clk

vs

Ss

In the Saint Louis Circuit Court
July Term 1835

Milton Sublette the defendant, in the above entitled
case being duly Sworn upon his oath states, that he is not
ready for trial in the above cause on account of this damage of
Material witness, Viz. William Williams
Louis Ambroise & who are material witness
for this defendant, that said witness are
at this time absent from this state, being either in and about to
Rocky Mountains or in the nighbouring provinces of Mexico ,
that the said witnesses have notbeen within this state or within the
of the process of this court, since the commcement of this
suit, to the best of this affiant, knowledge and belief; and
that said witness are not absent by this
or of this affiant, that he believe the evidance
of said witness to be material & that he can not safely go
to trial without the evidence of said witness an so that he
expects to be able to procure the attendance of said witnesses
by the next term of this or obtain their evidence that
the application which this affiant makes for a continuance in
this case not made for the purpose of or delay, but for
the substantial cause of justice & the stated in this
affidavit-

G Sublette Sworn to and subscribed
before me this 15th July 1835 Archibald Gamble clerk

Executed this writ by reading it to Peter Powell
& Ira G . Smith on the 19th Oct to Wm H . Ashley
on the 7th November & to Wm Sublette on the
9th Nov 1835 in the county of St Louis
Edmd Christy not found in my county

J Brotherton Shff
by G Hammond plff Service 2.00 Monest 12 1/2 $ 2.12 1/2

Nov Term 1835

R White
vs
Milton Subblette for

for

Peter Powell 19
Wm Subblette16th
Ira G Smith 19
Edmund Christy
Wm H Ashley 7
10th Nov for
plaintiff

County of St. Louis , Sct.
State of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon Peter Powell Wm Subblette
Ira G Smith Edmond Christy Wm H Ashley
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit Court , on the tenth day of Novr at
the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy
now pending in our said Court, wherein John R White is plaintiff
and Milton Sublette is defendant on the part of
the plaintiff and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City of
St. Louis , this 14th day of October in
the year of our Lord one thousand eight hundred and thiry five A Gamble Clerk C.C.

Received & defd Judge for costs Book 7. 473

per bill 207

No 75 July Term 1835
St. Louis Circuit Court

Jno . R. White
vs Milton Sublette

J. Spalding
Atty for plfffiled Nov 9th 1835 A Gamble clrk note taken by we 20th
Nov 1835
J. Spalding

Received the note described in the
within petition by order of Court
20 Nov. 1835

J. Spalding

St Louis Circuit Court

vs

as to the first plea the said
plaintiffs say they do the .

as to the second plea of the defendant said
plaintiffs say that said defendant did not pay up the
said sum of money in saidpromisory note specified nor
any part thereof in manner & form as in said plea
& this he prays may be inquired of by the country &c

and as to the third plea to said petition the plain
tiffs says that he doth the like &c

and as to the fourth plea of the defendant the
plaintiffs says that the defendant did not pay
to said plaintiff said sum of money in said plea
mentioned in any part thereof in manner & form
as is in said plea alleged this he prays may be
inquired of by the county &c

and as to the fifith plea of the defendant the
plaintiff says that he doth not owe the said
defendant the said sum of money or any part
thereof in said plea mentioned in manner &
form as in said plea alleged; & they he prays
may be inquired of by the country &c

filed on Nov 9 1835AG ClkJ Spalding atty forplff