On demand I promise to pay to
Wm Clerk or order the sums of five
hundred and sixteen dollars and
eighty seven cents for value received
without defalcation
$ 516.87.
S
Clark
vs
Tucker
State of Missouri
County of St Louis
St Louis County SctIn the St Louis Circuit Court
July Term 1837
William Clark complains of
Thomas S. Tucker of a plea of trespass, on the
case on promises — For that whereas the said
defendant heretofeor to wit on the first day of
april eighteen hundred and thirty seven at st
Louis to wit at the county aforesaid made his cer-
tain promissory note in writing (which is now
here to the count shown)
bearing date the day
& year and thereby then and there promised to
pay on demand to the said plaintiff or order
the sum of five hundred and sixteen dollars
and eighty seven cents for value received with
out defalcation and then and there delivered
the said promissory note to the said plaintiff;—
by means whereof the said defendant then & there
became liable to pay to the said plaintiff the
said sum, of money in the said promissory note
specified according to the tenor & effect of the
said promissory note. and the said plaintiff
in fact saith that afterwards to wit on the
fifteenth day of april in the year aforesaid
to wit at the county aforesaid, payment of the
said sum of money in the said promissory note
specified was duly demanded by the said plain
-tiff of the said defendant according to the tenor,
and effect of the said promissory note. Yet the said
defendant has not as yet paid the said sum, of
money in the said promissory note specified or
any part thereof but the same to pay or any part
thereof, hath, hitherto wholly neglected & refused
and still do the neglect & refuse,. Whereby the
said plaintiff saith he is injured & hath
sustained damage in the sum, of eight
hundred dollars & therefore he sues &c.
Primm & Drake
[*] (To come in afterwards "promissory note" in 12th line from bottom)
a being to liable he the said defendant then and
there undertook & faithfully promised the said plain
tiff to pay him the said sum of money in the said
promissory note specified according to the tenor, and
effect of the said promissory note.
[A]
State of Missouri
County of St Louis
ss
George R H. Clark being
duly sworn on his oath says that the above
defendant Thomas S.Tucker is Justify in
debted to William Clark the above plaintiff
after allowing all just credits & setoffs in
the sum of five hundred and sixteen
dollars and eighty seven cents and that
this affiant verily, believes that there is good
reason to believe that the said Tucker is about
fraudulently, to remove, convey and dispose
of his property or effects so as to hinder, & delay
his creditors.
Sworn to & Subscribed
before me this 18th
day of April 1837P Justice George R.H Clark
No St Louis Circuit Court
July Term 1837
William Clark
vs
Declaration
Thomas S. Tucker
Damages $800.00
Sworn to 516.87
set an attachment issue,
Primm & Drake pq.
Executed this writ on the Eighteenth day of April 1837
in the County of St Louis by attaching as the property
of Thomas S Tucker the defendent the following named lot
of goods (to wit, 7 pieces broad Cloth 12 pieces Casamere 4
remnant, pieces Carimere / lot vesting / lot Handkerchiefs
/ Cot gloves / Cot Shirt Collars / piece / lot
Buttons / lot thread 4 stocks 2 remnants, black silk &
/ 1 remnant, blue silk and taking said goods into
my possession also offered to read this writ & declara
tion
to the defendent who refused to hear the same read
and acknowledged the service thereof -
Service $2.00
Chargages 2.50
$ 4.50
James Brotherton Sheriff
By M Brotherton D shff,
County Of St. Louis , Sct.
State Of Missouri ,To the Sheriff of St. Louis County:Greeting.
We command you to Attach Thomas S . Tucker ,
by all and singular his lands and tenements
goods, chattels, moneys, credits, and effects, or so much thereof as shall be suffi
cient to secure the sum of Five hundred and Sixteen Dollars,
& Eighty Seven cents with interest and costs of suit, in whose hands
or possession soever the same be found, in your bailiwick; and that you summon
the said Thomas S . Tucker ,
that he be and appear at the next term of the
Circuit Court , before the Judge thereof, on the first day of said term, to be holden
at the city of St. Louis , within and for the county of St. Louis , on the second
Monday of July next then and there to answer unto William
Clark of a
plea of trespass on the case upon promises, to the damage of said
plaintiff of Eight hundred dollars:
And also, that you might summon all and every person, in whose hands or posses
sion soever, any such lands, tenements, goods, chattels, moneys, credits or effects
may be found, and particularly
that they be and appear before the Judge of our
said court, on the first day of the term aforesaid, then and there to answer unto
what may be objected against them; and have you there this writ.
Witness, John Ruland , Clerk of our said
Circuit Court , at the City of St. Louis , this Eighteenth
day of April in the
year of our Lord, one thousand eight hundred and
thirty seven Jn. Ruland Clerk, C.C.
Judgment default,book 8 page 265
No 51
St Louis Circuit Court
July Term 1837
William Clark
vs
Thomas S Tucker ,
assump, Dam. $ 800
am, prom to 516.87
attachm,
Primm & Drake , for
plffFiled Apl. 18 1837 Jn. Ruland Clerk
Know all men by these Presents, That we M. Lewis
Clark
as principal and George Maguire ,
as security are held and
firmly bound unto Thomas S. Tucker
in the penal
sum of one thousand dollars, for
the payment of which well and truly to be made, we do hereby bind ourselves, and our
heirs, executers, and administrators, firmly by these presents. Sealed with our seals,
and dated this twenty fifth day of April eighteen
hundred and thirty= seven
The Condition of the above Obligation is such, that whereas William Clark has sued
out of the Office of the Clerk of St. Louis Circuit Court , a writ of attach
ment against the said Thomas S Tucker
returnable to next July Term of said Court, for the sum of five hun
dred and sixteen dollars and eighty seven cents.
Now, if the said William Clark
shall prosecute his suit with effect and without delay,
and shall pay all damages which may accure to the said Thomas S. Tucker
or any
garnishee, in consequence of the attachment, then this obligation to be void, otherwise
to remain in full force. Witness our hands and seals the day and year in this be
half above written.
M Lewis Clark Gro Maguise
William , Clark
vs
Thomas S.Tucker
Bond
Filed 28th April 1837 John Ruland Clerk