no. 31.
St Louis Com. Pleas
March Term
1812
Decl.
Louisiana territory
District of Louis
Peter Chouteau by Wm O Allen his attorney
complains of Edward Hempstead administrator of all and
singular the goods & chattels, rights and credits, lands, tenements
which were of Meriwether Lewis late of the district a-
foresaid decreased 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 fifteenth day of May in the year
eighteenth
hundred and nine at the District aforesaid
accord
to the custom of Merchants in that
respect used and
approved of, made & drew a certain Bill of Exchange
in writing
bearing date the day and year aforesaid
upon one The Honbl the
Secretary of War of the U States
and by the said Bill required the said
secretary
at War of the U States three days
after sight to pay
to the said Peter Chouteau the sum of four
hundred and forty dollars value
and there delivered the said Bill the said Peter
Chouteau which said Bill the said Peter Chouteau
afterwards to wit on the sixteenth day of October
in the year of our Lord eight hundred and nine
at the District of
Columbia county of Washington
showed and presented to the said secretary at
War of the U'States for his acceptance
thereof, and
then and there required him to accept the same,
but
the said Secretary at War of the U'States did
not then and there, or at
any time whatsoever accept
the said Bill, and then and there wholly refused
ever to accept the same (by ) that the same
would not be paid, the drawer
having no authority
to draw" and afterwards to wit on the same day and
last aforesaid the said Secretary at War
of the
U'States refused ever to pay the same, whereof
the said Meriwether Lewis to wit on the tenth day
of november eighteen hundred
& 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 eighteen hundred and ten
notice; By reason of which premises, and
according
to the custom and by the Law of Merchants and the
the
acts of the legislature of the territory of Louisiana
the
intestate in his life time
became liable
to pay to the said Peter Chouteau the sum of four
hundred &
forty dollars in the said Bill specified
when he the said Meriwether Lewis should be
thereunto afterwards
requested together with the cost
on the amount of the said
sum of four hundred & forty dollars, and being of of ->
so liable
in the said Meriwether Lewis in consideration thereof
afterwards to wit the same day and year
last afousaid
at the said District of St.Louis underlook, and then
and
there faithfully promised the said Peter Chouteau to
pay him the said sum in the
said Bill mentioned
together with the cost of protest the six
percent as above
expressed, when him the said Meriwether Lewis
should be thereunto afterwards requested, and the said
Peter Chouteau avers
that he did on a day thereafter
to wit on the tenth day of
november eighteen hundred
- nine at the District
of St. Louis aforesaid and within
the jurisdiction of this Court who then and there
requested of the said intestate in his lifetime pay-
ment of the said sum of four
hundred & forty dollars
cost of protest & the six
percent as aforesaid which
he acknowledged to owe but refused to pay the same
or any part
thereof, and the said Peter Chouteau
also avers that he did after the death of the said
Meriwether Lewis apply to and demand payment
of the aforesaid Edward
Hampstead his administrator
as aforesaid, of the said sum of four
hundred &
forty dollars cost of protest together with the said
six per cent thereon as aforesaid who also refused
to pay the
same or any
part there of to him the
said Peter Chouteau or to any person or persons
for his
benefit ; By reason
whereof and by force
of the custom and Law of Merchants and the
acts
of this territory in such cases made and provided
a righthath accrued to the said Peter Chouteau
the Plaintiff to have and to recover of
the said
Administrator Defendant the said sum of four
hundred
& forty dollars cost of protest and the
six percent damages thereon as
aforesaid
by whereof he is
in damaged
one thousand dollars therefore he
sees
Allen , p.q..
Edward Hampstead
admof M. Lewis
Pierre Chouteau
The Defendant pleads
that which was
not of the
to M Lewis in his
lifetime -
to him the .
- of for money
receiving to the
amount of Eight hundred Dollars- administrator - the -.
E Hampstead
Mike Morin
vs
Edward Hampstead
administrator of
Lewis decd
pleas by the Deft page 191.
consolidated actionsp161.
no 31
St Louis
March
1812
vs
Lewis administrator
This is an action of Debtfor
money
due on a protested bid of
Exchange of four hundred and
forty
dollars with costs and
charges together with one
thousand dollars Damage
Let a summons issue according
ly
allen p.q.
Executed
A McNair Sheriff
$0 cents
Territory of Louisiana
District of St Louis
The United States of
America to the Sheriff for the
District of St.Louis Greeting
We command you to summons Edward
Hempstead to appear before the judges of our
Court of Common pleas in and for the District of
Saint Louis to be holden on the first monday
in
March next to answer unto Peter Chouteau in a plea of debt of four hundred
and forty Dollars to the Damage of the
Chouteau one thousand Dollars and
have you
then there this writ
Witness the honbl. Samuel a
presiding judge of our said
Court at the
town of St Louis this Ninth
day of Januarythe year of
our Lord one thousand eight
hun-
dred and twelve and of our
Independance the thirty
sixthThe CCCP