No 36
November Term 1835
S Louis Circt Court
vs
Benj. B. Bonneville
This is an action
of assumpsit
Damages $1000
Sworn to
filed Sept 10th 1835.
The Sheriff is required to
hold the defendant to
in the sum of three
hundred & fifty dollars
A Gamble Clerk
County of S Louis Ss.
The State of Missouri To the Sheriff of S Louis County
Greeting
We command you to take Benjamin B
Bonneville if he may be found within your
County and him safely keep so that you have
his body before the Judge of our Circuit Court .
at the next term thereof to be held at the City
of S Louis and for the County of S Louis
on the second monday of November next then
and there to answer unto Enos Burdno of a
plea of trespass on the case to the damage
of said plaintiff of one thounsand dollars
And have you then there this writ.
Witness Archibald Gamble Clerk
of our said Court at office this
tenth day of September in the
year 1835
Archibald Gamble Clerk
Benjamin B.Bonneville not found
in my county
Oct 24th 1835
..cts
J Brotherton Shff
by G Hammond Depty
State of Missouri
County of St Louis
In the Circuit Court
November Term 1835
Enos as Burdno by his
attoney complains of Benjamin Bonneville
of a plea of trespass on the case for that
whereas the said defendant heretofore to wit
on the first day of June in the year 1835
at the County aforesaid was indebted to the
said Enos in the sum of One thousand
dollars for the work and labor case and
diligence of the said Enos by him the said
Enos before that time alone performed and
bestowed in and about the business of
the said Bonneville and for the said
Bonneville and at his special instance
and request and being so indebted he the said
Bonneville in consideration thereof afterward
to wit upon the day and year last aforesaid
at the County aforesaid undertook and then
and there faithfully promises the said Enos
to pay him the said sum of One thousand
dollars when he the said Bonneville should
he thereunto afterwards requested. Let the
said Bonneville although often requested has
not yet paid the said sum of money or
any part thereof to said Enos but to do
the same has hitherto wholly neglected &
refused & still doth neglect & refuse to the
damage of said Enos one thousand dollars
& therefore he sues & c
his
atty for Pltff
State of Missouri
County of St Louis
Before me archibald Gam
ble clerk of the Circuit Court for said County
personally appeared Enos Burdno the plaintiff
in the within declaration I made oath that
Benjamin B. Bonneville the defendant named
in said declaration is justly indebted to him
in the sum of Two hundred & fifty dollars
of a real & unsatified debt being a
part of the same sum and due to him for
the same cause of action in said declara
tion set forth that said Bonneville is not
a resident of this State, and does not, so
far as this affiant knows, own or possess
any real or personal Estate therein that
said Bonneville is engaged in the fur trade
passing the greater portion of his time in
the Indian County beyond the limits of any
particular State, or territory of the United States
& beyond the reach of civil process & that
this affiant verily believes unless said Bonne
ville is held to bail in a sum sufficient
to secure the payment of said debt together
with costs of suit- he will be in danger
of losing the same.
E J B
Sworn to & subscribed
this 10th Septber 1835
before me
A Gamble Clerk
Upon the foregoing affidavit it is ordered
that a capias issue and the defendant be held
to bail in the sum of three hundred & fifty dollars
A Gamble Clerk
We the Jury find for the Plaintiff
and assess the Damages at one Dollar
James G BarreyForeman