State of Missouri
County of St. Louis
ss.In the Circuit Court
March Term 1833

Bernard G. Farrar by his attorney
Complains of John Newman Administrator administrator
of all and singular the goods and chattels
rights and credits of Daniel McGurrin deceased
at the time of his death who died intestate of a plea of trespass on the case for
that whereas the said Daniel in his lifetime to wit
on the first day of May in the year one thousand
eight hundred and thirty at St. Louis to wit at
the county aforesaid was indebted to the said plain
tiff in the sum of three hundred dollars for the
work and labor, care and diligence, % attendance
at the said plaintiff by him the said plaintiff
before that time done, performed, and bestowed as
a surgeon and physician for the said Daniel &
at his special instance and request in and about
the healing and curing at the said Daniel of divers
diseases, disorders and curing under which the said
said Daniel had before then labored and languished
and for divese medicines and other necessary things
before that time found, provided, administered, delivered
and applied by the said plaintiff on those occasions
for the said Daniel and at his like special instance
and request and being so indebted he the said Daniel
dividing his lifetime afterwards towit on the day and year last
aforesaid at the County aforesaid in consideration
thereof undertook and then and there faithfully pro
mised the said plaintiff to pay him the said sum
of five hundred dollars when he the said Daniel
should be thereunto afterwards requested. Nevertheless
the said Dainel in his lifetime and the said John Newman
Administrator as aforesaid, after the death of the
said Daniel not regarding the said promise and
undertaking of the said Daniel have not nor hath
either of them as yet paid the said sum of three hundred
dollars or any part thereof to the said plaintiff
although after requested so to do but to pay the same or
any part thereof to the said plaintiff, the said Daniel
in his lifetime wholly refused, and the said John Newman
Administrator as aforesaid hath ever since the
death of said Daniel hitherto wholly refused, and
state refuses so to do. to the damage of said plaintiff
of Three hundred dollars. and therefore he brings
his suit &c.

Magrins
Attorney for plaintiff

County of Saint Louis ss
The State of Missouri To the Sheriff of the County of Saint Louis
Greeting

We command you to summon John Newman Administrator of
all and singular the goods and chattels rights and credits of Daniel
McGurrin deceased at the time of his death who died intestate 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 March instant then
and there to answer unto Bernard G Farrar of a plea of trespass on
the case to the damage of said plaintiff of three hundred dollars
and have you their there this writ

Witness Archibald Gamble Clerk of our said
Circuit Court at Office this ninth day of
march one thousand eight hundred and
thirty three Archibald Gamble Clerk

Served this writ on John Newman
his offering to head to him the writ

declaration on the 9th March 1838
in the City of St Louis Which he refused
when read & acknowledged service

Service $1.00 JohnWalker

No 75 Saint Louis Circuit Court
March Term 1833

B. G. Farrar
vs
John Newman Administrator
of Daniel McGurrier

This is an action of
Assumpsit
damages $300

Let a summons issue

Magrins
atty for PltffFiled 9th March 1833 Archibald Gamble Clerk

John Newman Administer of
D. McGurrin dead
ads.
Bernard G. Farrar

March Term 1833

And the Said John Newman
the said defeandant in proper person coming
and defends the wrong & injury when
and says that he the said Daniel McGurrin died
in his life time did not undertake or promise
in manner or form as the said Plaintiff
hath above thereof complained as against
him the said Daniel and the said John defendant
and of this he the said John as administrator
as aforesaid put himself up on
the country :

John John Newman

Death of Daniel McGurrin to witBook 7 page 123
A Gamble Clerk

No 75 March Term 1833

Bernard G Farrar
vs
D. McGurrin Administrator.
ads.
B. G. Farrar

Plea
Non assumpsit

J. Newman
filed March 28th 1833 A Gamble Clrk