State of Missouri
County of St Louis In the Circuit Court March Term 1827

The President directors & company of the bank of
Missouri , who sue to the use of the United States of America
by Another their attorney Complain of William Clark of
a Plea of trespass on the case; For that whereas James
Kennerly , heretofore to wit, on the twelfth day of July in the year
eighteen hundred and twenty two, at St Louis in the County
aforesaid, made his certain promissory note in writing, which
is to the Court here now shown, by which said note he the said
James then and there promised to pay sixty days after the
date thereof to the said William Clark or order, the sum of one
thousand dollars for value received, without defalcation
negotiable and payable at the bank of Missouri . And
the said William afterward to wit, on the day and year
aforesaid at the County aforesaid endorsed the said note
in writing by which said endorsement, he said William
then and there ordered and appointed said sum of
money in said note specified, to be paid to said plain
tiffs. And said plaintiffs in fact say, that afterwards,
when said note became due and payable, to wit on the
thirteenth day of September in the year aforesaid, at the
County aforesaid, the said note so endorsed as aforesaid, was
presented and shown at the said Bank of Missouri for pay
ment thereof, and payment of said sum of money therein
specified, was then and there duly required according
to the tenor and effect of said promissory note, but that
neither said James or any other person or persons on behalf
of said James , did or would at the said time, when said
promissory note was so presentedand shown for payment
thereof as aforesaid,
or at any other time before or afterwards
pay the said sum of money therin specified or any part
thereof but wholly neglected and refused so to do: of
all which said several premises, the said William afterwards, to wit, on the day and year last aforesaid at the Coun
ty aforesaid, had notice, By means whereof said Wil
liam then and there became liable to pay to said plaintiffs
the said sum of money in said note specified, when he
the said William should be thereunto afterwards requested.
And being so liable he said William in consideration therof
afterward to wit, on the day and year last aforesaid at the County
aforesaid, undertook and then and there faithfully promised
the said plaintiffs to pay them the said sum of money when
he said William should be thereunto afterwards requested

And whereas also the said William afterwards to wit
on the first day of July in the year eighteen hundred and
twenty three, at the County aforesaid was indebted to said
plaintiffs in the further sum of two thousand dollars
for so much money before that time had and received
by said William , to and for the use of said plaintiffs
and being so indebted he said William in consideration
thereof, afterwards, to wit, on the day and year last aforesaid
undertook and then and there faithfully promised
the said plaintiffs to pay them the said sum of
money last aforesid, when he the said William should
be there unto afterwards requested. Nevertheless the
said William although often requested, has not paid to
the said plaintiffs the said several sums of money or either
or any of them or any part thereof, but to pay the same
to the said plaintiffs, has hitherto wholly neglected and
refused and still neglects and refuses so to do- To the dam
age of said plaintiffs of two thousand dollars and there
fore they bring suit &C.

Strother Atty

The State of Missouri
County of St Louis Sct:

We command you to summon William Clark 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 and for the County of St Louis
on the fourth Monday of March instant then and there to answer to
the President Director & Company of the Bank of Missouri , who sue to
the use of the United State of America of a plea of trespass on the case
to the Damage of the said plaintiffs of two thousand dollars and have
you then there this writ.

Witness Archibald Gamble Clerk of our said
Court at office this Second day of March
1827- Archibald Gamble Clerk

No 23 St Louis Circuit Court
March Term 1827

Bank of Missouri to
use
William Clark

Narr.

Filed 2nd March 1827 Arch Gamble Clerk

Executed this writ on William Clark March 2nd 1827 in the
City of St Louis , by giving the writ and declaration to him to
read and his Acknowledging the service thereof

Service $ 1.00 R. Simpson Sheriff
By JnP.Simonds for Dp. Sheriff

March Term 1827

And the said William by
his attorney comes and defends the wrong and
injury when and says that he did not
undertake and promise in manner and form
as the said plaintiffs have above there
of complained against him and of
this he puts himself upon the County

Magsuis
Atty for Deft

And the said William for further plea
in this behalf saith that the said
Plaintiff ought not to have
or maintain its action aforesaid there
of against him the said William
because he says that the said Plaintiff did before the commancement of this suit
to wit on the first day of June in the
year one thousand eight hundred and
twenty six to wit at the County aforesaid
assign, and make over to the
said United States the said promissory
note in said declaration mentioned
and this he the said William is ready to verify the
whrefore he prays judgment if the
said plaintiffs ought to have or in
their action aforesaid thereof against
him the said William

Presendant Directors& Co of the Magsuis
Bank of Missouri
Wm Clark

Atty for Dft

George F . Strother Esq. the attorney for the
plaintiff in the above cause will take no
tice that the said defendant will on the
trial of said cause give in evidence
and insist that the above named plaintiffs
before and at the time of the commencement
of this suit were and still are indebted

to the said defendant in the sum of two
thousand dollars lawful money of the United
States . for so much money by the said defend
ant before that time lent and advanced
to said plaintiffs also in the further
sum of two thousand dollars for so much
money by the said defendant before that
time paid laid out out and expended
for the use of the said plaintiffs all at
the particular instance and request of
said plaintiffs, also in the further sum
of two thousand dollars for so much
money by the said plaintiffs before
that time had and received to the use of
of the said defendant and that the
said defendant will set off and al
low to the said plaintiff on said trial so much of the
said sum of two thousand dollars so due
and owing from the said plaintiff to the said
defendant against any demand of said
plaintiff to be proved on said trial as as will be sufficient to satisfy and discharge
said demand according to the form of
the statute in such case made and
provided dated this 31st day of March 1827

Cl. S. Magenis
Atty for Dft

Bank of Missouri
vs
Wm Clark
pleas

of set off
Magsuis
atty for Dft

Filed March 20th 1827 A Gamble
Clk

And the said plaintiff say that they did
not assigntransfer and make ever to
the said United States the said promissory
note in the declaration mentioned in
manner & form as the plaintiff hath.
above thereof alledged- and this they
pray may be inquired of by the county &

for plff

Rep: filed July 24th 1824 A Gamble Clk

State Of Missouri ,
County Of St. Louis , Sct.To The Sheriff Of Saint Louis County....Greeting.

You are herby commanded to Summon James Kennerly & Louis Bompart
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , on the Sixth day of August 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 The President Directors & Company of the Bank of Missouri are
plaintiffs, and William Clark is
defendant, on the part of the plaintiffs, and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this Ninth day of
July in the year of our Lord, one thousand eight hun
dred and twenty Seven Archibald Gamble Clerk, C.C.

Excuted this writ on Louis Bompart July 20th 1827

50 cts
12 Nonest
62 1/2 R. Simpson Shff.

July Term 1827

Bank Missouri
vs
Wm Clark

for
JaKennerly
Louis Bompart 20for
plaintiff
6th August

Executed this writ on James Kennerly August
the 1st 1827

on Service $ 1.00 JasC. Musick DSheriff

State Of Missouri ,
County Of St. Louis , Sct.To The Sheriff Of Jefferson County ....Greeting.

You are herby commanded to Summon Thomas F . Riddick
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , on the Sixth day of August 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 The Bank of Missouri is
plaintiff, and William Clark 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 Ninth day of
July in the year of our Lord, one thousand eight hun
dred and twenty Seven Archibald Gamble Clerk, C.C.

July 1827

Bank of Missouri
vs
William Clark

Subpa for

Thos F Riddick 6th August for
plff

Ths F . Riddick a witness in the case
claims five days attended $ 5.00

48 miles traveled 5 . 2.40

7.40

The above named Ths F Riddick being sworn say, he
was summoned as part of Plff and attended five days
at the July term 1827. and her to travel the number
of miles charged in the to and returns from
court and has not claimedattendance in any other
case

Sworn to before me
Augt. 10h 1827 Archd Gamble Clerk Thos F Riddick

July 1827

Bank of Missouri
vs
Willam Clark

Witness Tho: F Riddick $ 7.40