St Louis County St Louis Circuit Court
June Term 1823

John OFallon William
Clark Beranrd Pratte Auguste Choteau
and Robert Wash by their Attorney Complain,
of Stephen Rector of a plea of Trespass on the
Case upon promises For that whereas hereto--
fore to wit on the eighteenth day of Septem-
ber in the year One Thousand eight hundred and twenty one
at St Louis , aforesaid the said Defendant made
his certain note in writing commonly called a
promissory note the date whereof is the same day
and year aforesaid and now to the Court shewn
by which said promissory the said Defendant
then & there promised to pay one Elias Rector or
order sixty days after the date of the said prom
issory note the sum of eight hundred dollars negotiable and
payable in the Missouri Bank without defalca-
tion for value received And the said Elias Rector
to whom or to whose order the payment of the said
sum of money in the said promissory note specified was
thereby directed to be made after the making of the
said promissory note and before the payment of the
said sum of money therein specified to wit on the
day and year last aforesaid at the at the county aforesaid
indorsed the said promissory note to one Thomas F .
Riddick President of the Bank of Missouri
and thereby then & there ordered and appointed the said
sum of money in the said promissory specified to be
paid to the said Thomas F Riddick . And the
said Thomas F Riddick (by the name and description of Tho Riddick Pr. BK Missr. to whom or to whose order
the payment of the said sum of money in the said
promissory note specified was by the said endorsement
directed to be made after the making of the said promisso
ry note and the endorsement aforesaid and before the
payment of the said sum of money in the said note
specified to wit on aforesaid at aforesaid idnorsed
the said promissory note to the Plaintiffs and thereby
then & there ordered and appointed the said sum of
money in the said note specified to be paid to the
said Plaintiffs and then & there delevered the said prom
issory note so endorsed as aforesaid to the said Plaintiffs
By means whereof the said Defendant then & there became liable
to pay to the said Plaintiffs the said sum of money
in the said note specified according to the
effect and of the endorsement so made
as aforesaid and being so liable he the said
Defendant in consideration thereof afterwards to wit
on aforesaid at be aforesaid undertook and then
& there faithfully promised the Plaintiffs to pay them
the said sum of money in the said note specified accord-
ing to the tenor and effect of said note
and of the said indorsement so made as afore-
said. Nevertheless the said Defendant often requested
so to do hath not paid to the said Plaintiffs the said

sum of money in the said note specified or any part thereof
according to the tenor and effect of said note and of
the endorsements so made thereon as aforesaid nor hath
the said Defendant paid the said sum of money in any
wise or to any person or persons whatever. but the
same to the said Plaintiffs to pay the said Def-
endant hath hitherto wholly neglected and refused
and still does neglect and refuse to the damage
of the said Plaintiffs of twelve hundred dollars
and therefore they sue

Wash &
Attys for Plffs

County of St Louis Sct.The State of Missouri To the Sheriff of St Louis County Greeting

We Command you to summon Stephen Rector
that he be and appear before the Judge of our
Circuit Court at the next term thereof to be held
at the City of St Louis within & for the County of
St Louis on the first Monday of June next then
and there to answer auno John O'Fallon William
Clark Bernard Pratte Auguste Chouteau & Robert Wash
of a plea of Trespass on the case upon promises
to the damage of said plaintiffs twelve hundred dollars:
have you then there this writ

Witness Archibald Gamble Clerk of
our said Court at office this third
day of May 1823 Archibald Gamble Clerk

No 54
June term 1823

This is an action
of Trespass on the
case upon promises
Let a summons
issue

Wash &Attys
A Gamble
filedMay 3rd, 1823

Executed this writ
on Stephen Rector
on the5 th May
1833. in the City
of St Louis , by giving him
the writ & dec=
laration to read & his acknow
ledging the service

Jno R. Walker
ShffShffs fees $1.00

In the Circuit Court
June Term 1823

And the said defendant by
his atty comes and defends the wrong and
injury and says that he ought not
to pay the sum of money in said declaration
mentioned. because by law he is not
to pay the same

Atty
for Dft

filed June

A Gamble Clk

In the Circuit Court october Term 1823

And the said defend
ant by his attorney comes and shews
here to the Court the following reasons
for setting aside said Judgment
1. that there was a filed
before taking said Judgment
2. That no Judgment by could be taken after the filing of a

Atty
for Dft

Reasons

filed Nov 8th 1823 A Gamble Clk