In the Circuit Court
November Term 1832.
St Louis County to wit John Filion complains of
Pierre Chouteau Junior of a plea of trespass in the
case upon
promises: whereas the said Choutean
heretofore to wit on the tenth day of April in
the year
of our Lord one thousand eight hundred & twenty
eight
at St Louis aforesaid did by a certain instruction
writing (which
the plffcannot
present in court because
the same is in the
power & possession of
the Deft)
promise & agree in
consideration that he the said Filion
at St Louis aforesaid would enter into the second of the
American Fur
Company (of which said company
the Chouteau then was & now is an agent
& director
at
St Louis for the waters of the Missouri ) for the term
of one year from the last mentioned date & would serve
in the same in the business of trapping he the one Chouteau
undertook & then & there promised to pay the said
Filion
for his wages in the service of the
company the sum of two hundred & sixty dollars
at the
expriation of one year from the one last mentioned
date. and
the said Filion says that in pursuance of
said
written instrument & obligation he the one Filion
did im-
mediately enter into the serviced
employ of said Am-
erican Fur
Company & faithfully served the said
Co.
in the business of trapping for one whole year next
following the mentioned date to wit the first day
of April in the year of our Lord one
thousand eight
hundred & twenty eight of which
service
to the said
Chouteau had due notice.
And whereas also heretofore to wit on the day & year
last aforesaid at St Louis
aforesaid in condersation that
he the said Filion would contribute
other his work labour
& services for & in behalf of
the American Fur
Company
in the business of trapping he the said
Chouteau (one
of the directors & partners of the American
Fur Co.
as
aforesaid) undertook & then & there faithfully promised
to pay the one
Filion so much money as he
therefore
reasonably deserved to
have of the Choteau
for any length of time which he might continue in
the service of
Chouteau whenever he the said
Chouteau should be there unto afterwards requested.
And the
said
Filion that
in the promise of
undertaking of the Chouteau he
entered into the
service & employement of Chouteau & remained
&
continued in the same for the space of four
years
& a half from the last mentioned date & that his
labor & services which were
contributed in favor of said
Chouteau were reasonably worth the fullest sum of
two
thousand dollars of which Chouteau since had notice.
And
whereas also afterwards to wit on the tenth day of
April in the
year of our
Lordone thousand eight
hundred & twenty
nine at the Company aforesaid, he
the said Chouteau did promise & engage in
consideration
that the said Filion would continue in the further
service & employment of the Chouteau in the
in business of trapping, to pay him the said
Filion
either the usual wages of a trapper or one half the
furs &
peltries which the said Filion should
bring in from
the hunt
at any time while he remained in the
employ of the American
Fur Company (of which
the one Chouteau was a partner as aforesaid.) And the
one Filion that he in the
undertaking of the Chouteau did remain & continue
in the
service of Choutean in the business of trapping
as aforesaid with the choice of taking one
half of the
furs which he might obtain in trapping,
& that
he
by his great
diligence & skill did procure a
large
quantity of furs of great value to wit three
hundred
beaver
skins & other peltries all of which were
of
the value of fifteen hundred dollars
& that he performed
livery services of great value in behalf of
the Chouteau ,
& that in
pursuance of the mentioned agreement
he remained in the active service
& employ of the said
Chouteau for the space of three
years & a half from the last mentioned date of which services, he the
Chouteau
had due notice to
wit at aforesaid.
And
whereas also afterwards to wit on the first day of
October in the year of our Lord one thousand eight
hundred & thirty two,at St
Louis aforesaid, he the
said Chouteau was indebted to the said
Filion in
the further sum of two thousand dollars for the
work
labor & services of the Filion
done & performed
in behalf of American Fur Company in the
business of trapping,
at the special insistence & request
of
the in Chouteau , & for the period of four years &
a half
preceding the last
mentioned date. And
being so indebted
he the said Chouteau in consideration
thereof
to wit on the day & year last mentioned, undertake
& there promised to
pay
the said
Filion the
said mentioned sum of money when he the said
Chouteau should be there unto afterwards
requested.
Yet the said Choutean not regarding his said agreement
or
either of his said promises & undertakings
so
by him
made as aforesaid, hath not as
yet
paid the said
Filion either of the said sums of money
or any part
or
parcel of the furs aforesaid, though often
requested
by the Filion so to
do;but hath hitherto refused
&
neglected and still doth refuse &
neglect so to do
Whereby the said
Filion that he hath sustained
great injury
to wit in the sum of three thousand
dollars & for this he brings
this suit .
W. D.
Atty for Plff
The State of Missouri
County of Saint Louis ssTo the Sheriff of the County of Saint Louis Greeting
We command you to summon Pierre Choutean Junior 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 Saint Louis on the fourth monday of November then
and there to answer unto John Filion of a plea of trespass on the
case upon promises whereby she said Filion saith that he hath
sustained preat injury to writ in the sum of three thousand dollars
and have you then there this writ
Witness Archibald Gamble Clerk of our
said Circuit Court at Office this Tenth
day of November One thousand Eight
Hundred and thirty two
Archibald Gamble Clerk
Executed this writ on Pierre Chouteau Junior by
offering to read it
& the declaration to him which
he refused to hear &
acknowledged the service
of the same in the city of St Louis on the tenth
day of November 1832
John K Walker Shffs
by S. Blood Dp Shff
Service $ 100
And the said Pierre Chouteau Junior by Geyer his
attorney
comes & defends the wrong and
injury when &
that he did not undertake &
promise
in manner & form as the plaintiff hath above
thereof
alleged against him & of this he
puts himself upon the country &c.
Geyer for Deft.
filed Nov29th 1832A G Clk
No
Action of Assumpsit
In the Circuit Court
November Term
1832 Filion v. Chouteau .
No 131
Saint Louis Circuit Court
November Term 1832. John Filion
vs
Pierre Chouteau Jr .
This is an action of Assumpsit
Damages $3000 -
Let a summons issue
Filed 10th November 1832
Archibald Gamble Clerk
Plea filed
Nov 29th 1832
A Gamble Clk
Discontinued Book 6 page 453
Arch . Gamble Clerk
Nov - 10th