No 92 November Term 1835
St. Louis Circuit Court

John U . Lavillebeuvre &
Wm D. Walton
vs.
Peter Powell &
Joseph Powell

.

$ 3000.
Issue

J. Spalding
attyfiled 24th October 1835 Archibald Gamble Clerk

County of Saint Louis ss
The state of Missouri To the sheriff of the county of Saint Louis greeting

We command you to summon Peter Powell and Joseph
Powell that they 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 Second Monday of
November next then and there to answer unto John U . Lavillebeure
and William D Walton doing business & partners under the
name & Style of Lavillebeuvre & Walton of a plea of trespass on
the case upon promises to the damage of the said plaintiffs
of Three thousand Dollars. And have you then there this
writ

Witness Archibald Gamble Clerk of our
said Circuit Court at office this twenty
fourth day of October in the year of our
Lord one thousand eight hundred and
thirty five Archibatd Gamble Clark

Granted this writ in the cityof StLouis on the
24th day of October 1835 by offering
read it of the declaration which they
refuse to hear the said defendants Joseph
Powell & Peter Powell & acknowledged the
of the same

James Brotherton
Sheriff Service $2.00

St. Louis Cirucit Court for November Term 1835

County of St. Louis Ss John Lavillebevure Labillebeuvre & Wil
liam D. Walton doingbusiness &partnets under the name
&style of Lavillebeuvre & Walton by J. Spalding their attomey
complain of Peter Powell & Joseph Powell of a plea of tre
spass the sameuponpromises. For that the said
defendants heretofore to wit on the twenty second day of March in
this year of ourLord one thousand eight hundred thirty four at
the mouth White River to wit at said County, than dealing
as partners under the name of John Boates made their certain promissory note in writing
dated the day and year aforesaid, now hre to the Court
shown and thereby then and there promised thirty days
from the date thereof to pay Lorenzo N. Clark by the
name and description of L N. Clark or three
thousand five hundred and ninety five dollars and
eleven cents for value received : & then and there de
livered said note to the said Clark : who then and
there assigned made over and endorsed the same
note to the plaintiffs : by whereof the defen-
dants the, and there becuase to pay the
said sum of money in said note specified
to the tenor & effect thereof and of said endorsment
and being so liable, the defendants in considera-
tion thereof afterwards to wit on said day & year
at said place undertook & then there promised
said plaintiffs to pay said sum of money to them according to the tenor &
effect of said note & of said endorsement.

and for that whereas also said defendants heretofore to wit
on the twenty second day of march in the year of our Lord one
thousand eight hundred thirty four at the mouth white River
to wit at said county, there together with he doing business as partners
, made their certain other promissory
note in writing in the name of John Coates , dated the
day and your aforesaid, which is now here to the Court
shown, & thereby then & there promised thirty days from
the date thereof to pay N. Clarke or
three thousand five hundred and ninety five dollars and
said note to ,
made over and endorsed the same to the plaintiffs
by means whereof the defendants then and there be
came liable to pay said plaintiffs said sum of money
according to the tenor& effect of said note & of saiden-
dorsement : I being so liable,, the defendants in
consideration thereof afterwards to wit on said day
and year and at said place undertook & then
and there & there promised said plaintiffs to pay
them said sum of money according to the tenor & ef-
fect of said note and ofsaid endorsement.

and for that whereas also heretorfore to witon the twenty
second day of march in the year of our Lord one thousand
eighty hundred thirty four at said mouth White River
to wit at said County, one John Coates , was indebted
unto one Lorenzo Clark in the amount of a promise
made in writing his promissory note of that date whereby he
promised thirty days from the date thereof to pay Lorenzo N .
Clark or order three thousand five hundred and ninety
five dollars & elevencents for valvue reserved : which note said
Coates then and there delivered to said Clark who then & there
made over and endorsed the same note to the plaintiffs : whereby
the said Coates became & was indebted to the plaintiffs in
the amount ofsaid note of which he afterwards to wit then & there had notice : and the plaintiffs further say that, after
wards to wit then & there the said defendants became and
were indebted unto the said Coates for & goods
wares & merchandise by him sold & delivered to them
before them, in the sum of three thousand five hundred
and ninety five dollars eleven cents : and that afterwards
and before any portions of either of the debts in this court
metioned had been paid, to wit on the twenty fourth day
of may in the year of our Lord one thousand eight
hundred thirty four at saidcounty,, it was mutually
agreed by & between the said plaintiffs and the said de-
fendants and the said Coates each with the others,
that the said defendants should pay to said plaintiffs
the said said amount above mentioned in which they
wereindebted to said Coates as aforesaid, in satisfaction
of the said debt due from said Coates to said plain
tiffs as aforesaid, they the said defendants well know-

St. Louis Circuit Court for November Term 1838
County of St. Louis Ss: John W . Lavillebeuvre & William D. Wal -
ton partners doing business and in the style and form of Lavillebeuvre
& Walton by J Spalding their attorny complain of Peter Powell
& Joseph Powell reading having & doing business under the style and
firm of P J. Powell of a plea of trespass on the case
upon promises for that

ing that said Coates was indebted to the plaintiffs as afore-
said: in consideration of which agreement and assent of the
said defendants Coates and said plaintiffs thereto, they the said defendants
then and there undertook and promised the said plaintiffs
that they said defendants would meant to the plaintiffs the
amount of said note by the michigan or Boousbik then
bying at St. Louis : which Michigan & Boonslick were steam
Boats: then soon to leave St. Louis for New Orleans
where the plaintiffs resided. And the plaintiffs in part say
that the said defendants did not remit said amount
of money specified in said note nor any money to the
plaintiffs by said steam Boats or in any other man-
ner: at through said Boats afterwards to wit on the twen-
tieth day of June in the year aforesaid made their
voyage from St Louis to New Orleans : nor have
said defendants paid to said plaintiffs said sum of money
or any part thereof though often requested to
do so to wit at said county, or otherwise satis-
fied or dicharged then said assumpsets & agreement,

and For that, whereas, the said defendants heretofore, to wit: on the
first day of october in the year of our Lord one
thousand eight hundred and thirty five at said county were indebted unto said plaintiffs in the
sum of three thousand
dollars, for the work and labor, care and diligence of the said plaintiffs by the said plaintiffs before that time done,
performed, and bestowed in and about the business of the said defendants and for the said defendants and at their
special instance and request: And Also, in the further sum of three thousand
dollars, of like lawful money, for divers goods, wares and merchandise, by the said
plaintiffs before that time sold and delivered to the said defendants and at their like special instance and request:
And Also, in the further sum of three thousand
dollars, of like lawful money, for money by the said plaintiffs before that time lent
and advanced to, and paid, laid out and expended, for the said defendants and at their like special instance and
request: And Also, in the further sum of three thousand
dollars, of like lawful money, for other money by the said defendants before that time had and received to and for the use
of the said plaintiffs; and being so indebted, the said defendants, in consideration thereof, afterwards, to-wit: on the
day aforesaid, at the place aforesaid, undertook, and then and there faithfully promised the said plaintiffs to pay them
the said several sums of money, in this count mentioned, when the said defendants should be thereunto afterwards requested.

And whereas, also, said defendant afterwards, to-wit: on the day and year, and at the county last afore-
said, accounted with said plaintiffs of, and concerning divers other sums of money from the said defendants to the said
plaintiffs before that time due and owing, and then in arrear and unpaid, and upon such accounting the said defendants were
then and there found in arrear and indebted to the said plaintiffs in the further sum of three thousand
dollars, like lawful money, and being
so found in arrear and indebted, said defendants in consideration thereof, afterwards, to-wit, on the day and year last
aforesaid, at said county, undertook, and then and there promised said plaintiffs to pay them said last mentioned
sum of money, when they said defendants should be thereto afterwards requested.

Nevertheless, said defendants, although often requested to do so, have not as yet paid said several sums of
money above mentioned, or either or any part of either of them; or kept their said agreements but to do so have refused, and still refuse: to the damage
of said plaintiffs of three thousand
dollars, and therefore they bring their suit &c

J. Spalding
atty for plffs

I agree to pay all costs that may accrue
in the wit commenced by above declarations, wit-
ness my hand and seal.

Wm A

No 92 StLouis Circuit Court
November Term 1835

Peter Joseph Powell

John U . &
Wm D. Walton

J . Polk atty for Deftsfiled nov 14 1835AG clk

clerk Gambled fees $1-13

fee book - 229

Verdict for plaintiffs book 8 page 325 & motion to set a side verdict & continued 417
verdict for defts book 9 page 460 motion for new trial overruled 475

St Louis Circuit Court
March Term AD 1835State of Missouri
County of St Louis ss

And the paid defendants by
J. Polk their attorney come & defend the
wrong & inquiry when that
they did not undertake promise in manner and form
as the said plaintiffs have above thereof complained against these
and of this they sent the county &c

J . Polk atty for Defts

notice

Recd a copy of within
this 19th February 1836
from J. Spalding

Jos Powell

St. Louis Circuit Court .

Take notice that on the 1st day of April in the
year of our Lord one thousand eight hundred and thirty six between the
hours of eight in the forenoon and six in the afternoon, of
that day, at the counting house of Lavillebeuvre &
Walton in the City of New Orleans in the state of
Louisiana
depositions will be taken by the undersigned, to be read on the trail of the
above entiled case, on behalf of the plaintiffs; and that the taking
of said depositions, if not completed on that day, will be continued from day to
day at the same place and between the same hours, until completed.

To the above named defen
dants

15 Febry 1836 John U . Lavillebeuvre &
Wm D Walton

County Of Saint Louis , Sct.
The State Of Missouri ,To any Judge or Justice of the Peace or other Judicial officer of the State of Lousiana
Greeting:

We, reposing special trust and cofidence in your integrity and circumspection, do authorize and require you that
you cause to come before you such person or persons as shall be named to you by John U .. Lavillebeuvre
& William D. Walton , their
Attorney or Agent, and him or them ezamine upon his, her or their corporal oath, (to be by you administered,)
touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in our
Circuit Court for the County of St. Louis , wherein said Lavillebeuvre & Walton
are plaintiffs and Peter Powell & Joseph
Powell are defendants on the part of the plaintiffs and having
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to-
gether with this commission, enclosed under your seal, to our said Circuit Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 19th day of Febraury
in the year of our Lord one thousand eighty hundred and thirty-six. Jn. Ruland Clerk C.C.

Served by reading to E S Beebe on the 1st March
1836 in St Louis County

J Brotherton Shff
by G Hammond Depty service 50 cts

March Term 1836.

John N . Laurille Lavillebeuvre &
William D. Walton
vs.
Peter & Joseph Powel

ForPltfs
Edwd S . Beebe 8th Aprl. 1836

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis CountyGreeting

You are hereby commanded to summon
Edward S. Beebe
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 eighth day of April next
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 John N . Lavillebeuvre & William D. Walton are
plaintiffs and Peter and Joseph Powell
are defendants on the part of the
plaintiffs and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 29th day of February
in the year of our Lord one thousand eight hundred and thirty six Jn. Ruland Clerk, C. C.

10 m St Louis Circuit Court
March Term 1836

Lavillebeuvre & Walton
vs

Peter & Joseph Powell

summon
Thomas J. Stuart Dfts

Executed this writ by reading it to
Thomas J Steward , in the County of St
Louis on the 25th day of march 1836

James Brotherton Shff
By M Brotherton D Shff service 50

County of St. Louis , sct.State of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon
Thomas J. Stuart
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 Eighty day of April next
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 John N. Lavillebeuvre and William D. Walton are
plaintiffs and Peter and Joseph Powell are
defendants on the part of the
defendants and have you then and then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this Tenth day of March
in the year of our Lord one thousand eight hundred and thirty six Jn. Ruland Clerk, C. C.

Depositions of Witness produced from and
examined at the County house of
Lavillebeuvre and Walton in the City of
New Orleans and State of Louisiana
before me Edward , Associate
Judge of the City Court of New Orleans
in a certain cause now pending in the
St. Louis Circuit Court in the State
of Missouri between John N . Lavillebeuvre
and William D.Walton , Plaintiffs and
Peter Powell and Joseph Powell
defendants on the part of the
Plaintiffs

J.P.Lavillebenrce, of lawfull age, being produced
from and examined on the part of the
Plaintiff deposeth and saith
that the firm of Lavillebeuvre and Walton
is composed J.U . Lavillebeuvre and
William D.Walton -- that the said
firm has existed to the year
one thousand eight hundred and thirty
three and .

That the annexed copy of letter
marked AB is truely made from the letter
book of said Lavillebeuvre and Walton
and that the original letter
to P. & J. Powell , St. Louis , from said
firm was copied by this deponent into
the letter book aforesaid.- that said
letter was put aboard a steamboat
for St. Louis deponent beleives, the
Boonslick - and deponent has no intrest
in this cause.

Thomas P

J. Edward Powell Associate Judge of the city
Court of New Orleans , do hereby certify
that Thomas P . Lavillebeuvre , the deponent,
whose pleace of Residence in New Orleans
in the State of Louisiana was by me
sworn to testify the whole truth of his
knowledge touching the matter in
controversey in the cause aforesaid,-
that deponent was examined and his
examination reduced to writing by me
and subscribed by said deponent in my
presence on the third day of May in the
year eighteen hundred and thirty six, between
the hours of eight in the forenoon and
six in the afternoon at the Counting house
of Lavillebeuvre & Walton in the City of
New Orleans in the State of Louisiana .

Given and certified this third day of April 1836 Edward Rowle
Judge

(copy) 15th May 1834 P & J Powell
St Louis

Some time in March
last Mr. Coates at the mouth of white River
purchased a lot of skins for your
and wrote us under date of 18th April that you
would remit us the amount by first
which we have heard no they further
on the subject

We are much disappointed by not receiving
the money, as we have heavy payment to make
on of the owner of the skins one a you
remit the amount as soon as possible

respectifully Your
Lavillebeuvre & Walton AB

(Copy) St Louis May 24th 1834Witness Lavillebeuvre & Walton

Gentlemen

We are in receipt of
your letter of 15th just,apprising us of your having
a note of Mr. Coates which we to settle

In regard to the note we should make the
by the Michigan or Boonslick nowhere
which will be within the time named to Mr Coates
and we would make the the facts of
the case are that Mr Coates made a purchase
of deerskins on our tho in doing so he
>supplied>transcended his instuctions as to price and
assortmnet he gave his note for the purchase
at 30 days on the fact we apprised
him, that the skins might be shipped to us on
Certain Conditions, and one of than was, that the
payment would be made within to days from
reciept the persons of whom the purchase was
made, would be well paid of paid within
one year, as the price obtained was 20 percentmore
than they could have been sold for at
or any other market yet sue dispersed to
Mr Coats from a responsibility
had committed an error, in purchasing at the
price he did by one of the

Boats we thought the above explanation due,
as you might have concluded that we were
behind our Engagements

Signed Respectfully Yours
P & J Powell Signed

(copy) St. Louis May 31 1834 Lavillebeuvre & Walton

Gentlemen

We contemplated when
Mr. Coat wrote you to remit you by this
the of note in your hands, made by Mr
Jno Coats The non receipt of government funds
which had been onfidently expected to arrive
here this week on which we held claims-has
prevented us from making the remittance,
we hope Eve the leaves, she is now her
we may be able to remit the amount by her,
we hope this delay of a few days willnot
much against your interest

Yours
P & J Powell signed

Depositions of witnesses
sworn and examined at the counting
House of Lavillebeuvre & Walton
in the City of New Orleans and
State of Louisisiana before me, C
W. are of associate
Judges of the City Court of New Or-
beans State of Louisiana in a
certain cause now depending in
the Saint Louis Circuit Court in
the state of Missouri between John
U Lavillebeuvre and William. D Walton
Plaintiffs and Peter Powell and Joseph
Powell Defendants on the part of the
Plaintiffs.

I Claude Lavillebeuvre of lawful age,
being produced, sworn and examined,
on the parts of the Plaintiff deposeth
and saith that he is well a acquaint-
ed with the hand writing of Lo-
renzo N Clarke that the assignment
on the back of the note, drawn by
John Coates in favor of Lorenzo N .
Clarke , dated White River ,March
22d 1834 for the sum of $3595 payable
at thirty days after date, and
the said assignement law to
Lavillebeuvre & Walton
of the City of New Orleans the
said note marked A C. W.S , being
exhibited to the witness and be
examined said note in the hand
writing of the said Lorenzo N . Clark
and that the said signature to said
assingnments and said note of Lo-
renzo N. Clarke is the genuine sig-
nature of Lorenze. N. Clarke .

Thomas P

I, U., associate Judge
of the city Court of New Orleans do
hereby certify Thos Placide La-
villebeuvre, the deponents whose
place of residence is the City of New
Orleans in the State of Louisiana
was by me sworn to testify the whole
truth of his knowledge touching the
matter in controversy in the cause
aforesaid, that deponant was ex-
amined, and his examination redu-
ced to writing, and subscribed by

said deponant in my presence on
the 15th day of April in the years
eighteen hundred and thirty six, be-
tween the hours of Eight in the
forenoon and six of the afternoon,
at the counting house of Laville
beuvre & Walton in the city of
New Orleans , State of Louisiana

Given and certified, the fifteenth
day of April 1836.

Young of lawful age
being produced sworn and exami-
ined on the part of the plain
tiffs deposeth and saith that he
was well acquainted with John
Coats that he also was well ac
quainted with the hand writing
of said John Coates from holding
Bills and receipts in his possession
written and signed by said John
Coates and that this witness does
verily belive the signature to
the to the note descri-
bed in the testimoney of the first
witness and which is exhibited
to the witness is the genuine
signature of the said John
Coates , further that the witness
has heard that said John Coates
is dead and has every reason to
believe that he is really deseased

Young Stephenson

I one of the
associate Judges of the City Court of
New Orleans do hereby certify that
Young Stephenson , the deponents
whose place of residence is New
Orleans in the state of Louiscaua
sowrn to testify the whole
truth of his knowledge touching the mat-
ter in controversy in the cause afore-
said that deponant was examined, and
his examination reduced to writing and
subscribed by said deponants in my pre-
sence on the 18th day of april 1836, between
the hours of 8 in the forenoon and 6
of the afternoon at the country house of
Lavillebeuvre & Walton in the City of New Orleans
state of Louisana .

Given and certified, the
15 April 1836

I Clarke , one of the
associate Judges of the City Court
of New Orleans ,, State of Louisiana
do certify, that in pursuance of
the commission and
notice, cause before me at the
Counting House of Lavillebeuvre
& Walton in the city of New Orleans
and State of Louisiana . Thomas
P . Lavillebeuvre and Young Stephen
son, who where there by me sworn
and examined and examination
reduced to writing and subscribed
by them respectively in my pre-
sence, and their said depostitions
are now herewith returned.

Given at the City of New Orleans
in the Parish of Orleans State
of Louisiana this 15th April 1836W
Judge

E 7 June July Term 1836

Lavillebeuvre & Walton
vs
P. & J. Powell

Dfts Tho. J. Stuart (of the
firm of McKee Stuart & Lind)25 July

Served this writ by Reading it
to Thomas J Stewart on the 15th
day of July 1836 in the county
of St Louis

James Brotherton Shff
By M Brotherton D Shff Service 50

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon
Thomas &. Stewart
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 25th July next.
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 Lavillebeuvre & Walton
and plaintiffs and P. & J. Powell
and defendants on the part of the
defendants and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 7th day of June
in the year of our Lord one thousand eight hundred and thirty six. Jn. Ruland Clerk, C.C.

Thomas J Stewart not found
in my county

James Brotherton Shff
By M Brotherton Dshff ononest 12 1/2

E. Nov. T. 1836

Lavillebeuvre & Walton
vs
P. & J. Powell

Dft.- Thos. G. Stewart 29 Nov.

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon
Thos. J. Stewart
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 29 Nov. inst.
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 Lavillebeuvre & Walton
and defendants on the part of Deft
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 18th day of Nov.
in the year of our Lord, one thousand eight hundred and thirty- six. Jn. Ruland Clerk, C.C.

Thomas J Stewart not found
in my County

James Brotherton Shff
By M Brotherton D Shff ononest 12 1/2

E. Nov: Term 1836

Lavillebeuvre & Walton
vs
P. & J. Powel

Defts: Thos. J Stewart 7th Dec.

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon Thos. J. Stewart
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 7th Dec. inst.
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 Laveillebeuvre & Walton
are plaintiffs and P. & J. Powel
are defendants on the part of the Defts.
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 3d. day of Dec.
in the year of our Lord one thousand, eight hundred and thirty six. Jn. Ruland Clerk, C.C.

ant March Term ant adjd 1838

Lavillebeuvre & Walton
vs
P & J Powell

Deft Thos J Stewart 12th April

Served this writ on Thomas J Stewart
on the 22nd March 1838 in the county of
St Louis

James Brotherton Sheriff
By J Gorden D shff Service $.50

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis county---Greeting.

You are hereby commanded to summon Thomas J Stewart
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 12th April next
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 J U Lavillebeuvre & W D Walton are
plaintiffs and Peter & Jos Powell are
defendants on the part of deft
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of March
in the year of our Lord, eighteen hundred and thirty- sevenClerk, C. C.

ant March Term 1837

Lavillebeuvre & Walton
vs
P. & J. Powell

Defendants
Summon Thomas J. Stewart 1st May

Thos J Stewart not found

James Brotherton Sheriff non est $.12

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon Thomas J. Stewart
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 1st day of May next
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 Lavillebeuvre & Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the defendants
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 27 day of April
in the year of our Lord, one thousand eight hundred and thirty- 7. John Ruland Clerk, C.C.

ant March Term 1837

Laveillebeuvre & Walton
vs
P & J. Powell

for plaintiffs sum Edward H. Beebe
James B . Hill1st May

Served this writ by Reading it
to the within named witnesses
in the county of St Louis

James Brotherton Shff
By M Brotherton Dshff Serv $ 1.00

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon. Edward H. Beebe , James B . Hill
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 1st day of May next>
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 Laveillebeuvre & Walton are
plaintiffs and Peter & Joseph Powell are defendants, on the part of the plaintiffs
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 27 day of April
in the year of our Lord one thousand, eight hundred and thirty 7 John Ruland Clerk, C.C.

ant March Term 1837

Lavillebeuvre & Walton
vs
P. & J. Powell

Plff Edwd. S. Beebe 24 March

Executed this writ By reading it to
Edward H Bebee 23rd February 1837
in the County of St Louis

James Brotherton Sheriff
By L Gordon Depty Shff Service $.50

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon
Edward S. Beebe
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 24th day of March next
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 John N. Laveillebeuvre & Wm D. Walton
are plaintiffs and Peter & Joseph Powell
are defendants on the part of the plain-
tiffs and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit court, at the
City of St. Louis , this 8th day of Feby
in the year of our Lord one thousand eight hundred and thirty- seven. Jn. Ruland Clerk, C.C.

Thomas J Stewart not found in
my County

James Brotherton Sheriff nonest $12.00

ant March T. 1837

Lavillebeuvre & Walton
vs
P. & J. Powell

Deft. Thos. J. Stewart 24 March

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting

You are hereby commanded to summon
Thomas J. Stewart
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 24th of March next
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 John N. Laveillebeuvre & Wm D. Walton
are plaintiffs and Peter & Jos. Powell
are defendants on the part of the
defendants and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 8th day of Feby
in the year of our Lord one thousand eight hundred and thirty seven. Jn. Ruland Clerk, C.C.

James B Hill not found
in my county

James Brotherton
Sheriff nonest $-12

March Term 1837

Lavilleboure Walton
vs
P & J Powell

James B . Hill27th March

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded summon Henry Bell
James B . Hill
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 forthis present
day 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 Lavellebeuvre & Walton are
plaintiffs and P. & J. Powell are
defendants on the part of
plaintiffs and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 27th day of March
in the year of our Lord one thousand eight hundred and thirty- seven John Ruland Clerk, C.C.

served this

Thomas J Stewart not found in my
County

James Brotherton Sheriff
By Joseph W M Clurg D shff Non Est $.12 1/2

July Term 1837

Laveillebeuvre & Walton
vs
P. & J. Powell

defendants Thomas J Stewart 21st July

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thomas J. Stewart
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 21st July next
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 John N. Laveillebeuvre & William D Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the defendants
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 19 day of June
in the year of our Lord, eighteen hundred and thirty- 7 John Ruland Clerk, C.C.

Served this writ on Edward H
Behee June 27th 1837 in the county of
St Louis

James Brotherton Sheriff
By J Gordon D Shff Service $ .50

ent July Term 1837

Laveillebeuvre & Walton
vs
P. & J. Powell

plaintiff Edward H. Beehe 21 July

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Edward H. Beebe
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 21st July next
at the city of St. Louis , then and thre to Testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein John N. Laveillebeuvre & William D. Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the plaintiffs
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 19 day of June
in the year of our Lord, eighteen hundred and thirty- 7 John Ruland Clerk, C.C.

Lavillebouvre & Walton
vs
P & J Powell

attach E H Behee 27th July

Execused by the
court

J Brotherton
Sheriff

Served & have the Body of
E H Behee in open court

July 27th 1837 James Brotherton Sheriff
By G Gordon D Shff service $1.00

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis CountyGreeting.

We command you to attach Edward H Bebee
by his body and him safely keep, so that you have his body before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of
St. Louis , on the 27th day of July instruct 1837 then and there to testify
and the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between
Lavillebouvre & Walton are plaintiffs and P & J Powell
are defendants wherein the said Edward H Behee
has heretofore been summoned on the part of the said

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 26th day of July
in the year of our Lord one thousand eight hundred and thirty seven John Ruland Clerk, C.C.

ent

Lavillbouvre & Walton
vs
P & J Powell

not for deft

John H Wilson

Served this writ on John
Wilson on the 28th day of July
1837 in the county of St Louis

James Brotherton
Shff Serv 50ct

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon John H Wilson
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 Twenty sixth day of July
AD 1837 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 John Lavillebeuvre & William D Walton are
plaintiffs and Peter Powell & Joseph Powell are
defendants on the part of the defendants
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this Twenty sixth day of July
in the year of our Lord, eighteen hundred and thirty- seven John Ruland Clerk, C.C.

Served this writ on Edward
H Beebe on the 12th day of Augt
1837 in the county of St Louis

James Brotherton
Shff
By M Brotherton
Dshff Service 50 cts

ant July Term 1837

J N Laveillebeuvre & W D Walton
vs
P & J Powell

plff E H Beebe 1st Septr

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Edw H Beebe
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 1st day of Septnext
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 J N Laveillebeuvre & W D Walton are
plaintiff and P & J Powell
defendant on the part of Plffs and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this fifth day of August
in the year of our Lord, eighteen hundred and thirty- 7 John Ruland Clerk, C.C.

Served this writ on John
H Wilson on the 30th day of
July 1837 in the county of
St Louis

James Brotherton
By M Brotherton
D Shff Serv 50 cts

entJuly Term 1837

J Laivellabeuvre & W D Walton
vs
P & J Powell

Deft Jno: H Wilson 1st Sept

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon John H Wilson
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 1st day of Sept
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 J Laveillebeuvre & W D Walton are
plaintiff and P & J Powell are
defendant on the part of deft
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this fifth day of Augt
in the year of our Lord, eighteen hundred and thirty- Seven John Ruland Clerk, C.C.

Served this writ on Thos
J Stewart on the 12th day of
August 1837 in the county
of St Louis

James Brotherton
Shff
By M. Brotherton
Dshff serv 50 cts

Ent July Term 1837

J U Laveillebeuvre &
W D Walton
vs
P & J Powell

Deft Thos J Stewart 1st Sept

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thos J Stewart
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 1st day of sept next
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 J U Laveillebeuvre & W D Walton are
plaintiff and P & J Powell are
defendant on the part of deft
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this fifth day of Augt
in the year of our Lord, eighteen hundred and thirty-seven John Ruland Clerk, C.C.

Ent

Lavellebeuvre & Walton
vs
P & J Powell

summon

Thos J Stewart for deft

Executed this writ on Thos. J Stewart on the
4th day of September, 1837

James Brotherton Sheriff
By Joseph W W Dshff Service 50s

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thomas J Stewart
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 fourth day of September
Inst 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 Lavillebeuvre & Walton are
plaintiffs and Peter & Jos. Powell are
defendants on the part of the defendants
and have you then and there this writ.

Witness John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 4th day of September
in the year of our Lord, eighteen hundred and thirty-seven John Ruland Clerk, C.C.

Lavillebeuvre & Walton
vs
P & J Powell

Summon

Thos. J Stewart

Served this writ on Thos J Stewart
Septs 6th 1837 in the county of St Louis

James Brotherton Sheriff
By J Gordon Dsheriff Service $ 50

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thos. J. Stewart
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 September
Inst 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 Lavillebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of the defendants
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 6th day of September
in the year of our Lord, eighteen hundred and thirty-seven John Ruland Clerk, C.C.

Ent

Lavellebeuvre& Walton
vs
Powell & Powell

Subpoerna for

E H & Beebe for
Plff

Served this writ on E H Beebe
7th Septer 1837 in the County of
St Louis

James Brotherton Sheriff
By J Gordon D Shff Service $0.50

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon Edward H Beehe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on theforthwith
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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of Plaintiffs
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 7th day of September
in the year of our Lord one thousand, eight hundred and thirty seven John Ruland Clerk, C.C.

served this writ on Thomas J. Stewart
Novr 16th 1837 in St Louis county

James Brotherton Sheriff
By. J Gordon D Shff Service $ 50

Novr. Term 1837

Lavillebeuvre & Walton
vs
P & J Powell

Deft Thos. J. Stewart 23d Novr

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thos J Stewart
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 23d Novr next
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 J U Lavellebeuvre & W D Walton are
plaintiffs and P & J Powell are
defendants on the part of Defts
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 7th day of Octr
in the year of our Lord, eighteen hundred and thirty-seven Jno. Ruland Clerk, C.C.

Served this writ on the within named
witness 22nd Novr 1837 in the county of
St Louis

James Brotherton sheriff
By J Gordon Dshff Service $.50

Ent Novr. Term 1837

J U Lavellebeuvre & W D Walton
vs
P & J Powell

Plff E H Beebe 22 23d Novr

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Edw: H Beebe
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 23d November next
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 J U Lavellebeuvre & Wm D Walton are
plaintiffs and P & J Powell are
defendants on the part of Plff
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 17th day of Octr
in the year of our Lord, eighteen hundred and thirty-seven Jno. Ruland Clerk, C.C.

not found on account of the Adjournment of
Court

James Brotherton Sheriff

March 7 1837

Lavillebeuvre & Walton
vs
P & J Powell

22d March Plff

Thos. J Stewart

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Thomas J. Stewart
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 22 March next
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 Lavillebeuvre & Walton are
plaintiff and P & J Powell are
defendants on the part of the defendants,
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this >9 day of February
in the year of our Lord, eighteen hundred and thirty-8 John Ruland Clerk, C.C.

Executed this writ by reading the same to E H
Beebe on the 28th day of February, 1838, in
the County of St. Louis

James Brotherton Sheriff
By Joseph W M Clurg Dshff Service 50 cts

March T. 1838

Lavillebeuvre & Walton
vs
P. & J. Powell

22d March plff

E. H. Beebe 28

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Edward H Beebe
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 22 day of March next
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 Lavillebeuvre & Walton are
plaintiff and Peter & Joseph Powell are
defendant on the part of the plaintiffs
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 9 day of February
in the year of our Lord, eighteen hundred and thirty-8 John Ruland Clerk, C.C.

March Term Adj
1838

Lavellebeuvre & Walton
vs
P & J Powell

Plff. E H Beebe 12th April

Served this writ on Edward H Bebee
on the 21st day of March 1838 in the county of St Louis

James Brotherton Sheriff
By J Gordon D Sheriff service $ .50

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Edw H Beebe
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 12th April next
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 J M Lavillebeuvre & W D Walton are
plaintiffs and Peter & Jos Powell are
defendants on the part of Plff
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of March
in the year of our Lord, eighteen hundred and thirty- Jn. Ruland Clerk, C.C.
by
Geo A Hyde Depty

Executed this writ & have now the body
of Thomas J Stewart in open court
April 18th 1838

James Brotherton Sheriff
By J Gordon Depty Service $ 1.00

Lavillebeuvre & Walton
vs
P & J. Powell

Attach Thos J Stewart for Defts

Execured by the court

J Brotherton

County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis CountyGreeting.

We command you to attach Edward H Beebe Thomas J. Stewart
by his body and him safely keep, so that you have his body before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of St .
Louis , on the 18th instant183 then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between
Laveillebeuvre & Walton are plaintiffs and P & J. Powell
defendants wherein the said Stewart
has heretofore been summoned on the part of the said

Witness, John Ruland , Clerk of our said Circuit Court , at the City
of St. Louis , this 17th day of April
in the year of our Lord one thousand eight hundred and thirty eight John Ruland Clerk, C.C.

July Term 1838

Lavellebeuvre & Walton
vs P & J Powell

Deft T J Stewart 19th July

Thos. J Stewart not found in my County

James Brotherton Sheriff By non est 12 1/2

County of St. Louis sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Thomas J Stewart
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 19th July inst
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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of defts
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2nd day of July
in the year of our Lord, eighteen hundred and thirty-EightJho Ruland Clerk, C.C.
by
Geo A Hyde Depty

Executed this writ by reading it to
E H Beebe on the 23d day of July, 1838 in the County of St. Louis

James Brotherton Sheriff
By Joseph W M Clurg Dshff Service $ 1.00 18 1/2 $ 1.12 1/2

July Term 1838

Lavellebeuvre & Walton
vs P & J Powell

Plff E H Beebe 23 23d 19th July

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting,

You are hereby commanded to summon E H Beebe
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 23d 19th July inst
at the city of St. Louis , then and there to Testify,
and the truth to say, in a certain matter of countroversy now pending in our said Court,
wherein Lavellebeuvre & Walton are
plaintiff and P & J Powell are
defendant on the part of Plff
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this Second day of July
in the year of our Lord, eighteen hundred and thirty-EighthJho Ruland Clerk, C.C.
by
Geo Hyde Depty

July Term 1838

Lavellebeuvre & Walton
vs
Peter & Joseph Powell

deft Thomas J Stewart 20th August

Thos. J Stewart not found in my
County

M Brotherton Shff Nonest 12 1/2

County of St. Louis , sct.
The State Of Missouri ,To the sheriff M Brotherton Elizor of St. Louis County---Greeting.

You are hereby commanded to summon Thomas J Stewart
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 20th August inst 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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of Defdts.
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2 day of August
in the year of our Lord, eighteen hundred and thirty-EightJho Ruland Clerk, C.C.
by
Geo A Hyde Depty

Served this writ by reading it to Edw H
Beebe on the 16th day of August 1838 in the
County of St Louis

Marshall Brotherton Sheriff
By S Taylor Dshff Service 50 cents

July Term 1838

Lavellebeuvre & Walton
vs
Peter & Joseph Powell

Plff. Edw H Beebe 16 20th August

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff M Brotherton Elizor of St. Louis County---Greeting.

You are hereby commanded to summon Edw H Beebe
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 20th August inst 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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell ar
defendants on the part of Plffs
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2 day of August
in the year of our Lord, eighteen hundred and thirty-Eight Jno Ruland Clerk, C.C.
by
Geo A Hyde Depts

John U Lavillebeuvre &
William D Walton
vs
Peter & Joseph Powell

New-
York

County Of St. Louis , Sct.
The State Of Missouri ,To any Judge of Justice of the Peace or other Judicial Officer of the
State of New York
Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do au-
thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by Peter & Joseph Powell their
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our Circuit Court , for the County of St. Louis ,
wherein John U Lavillebeuvre & William D Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the defendants and having
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
Circuit Court , with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this fifteenth
day of September in the year of our Lord, one
thousand eight hundred and thirty- Eight Jn. Ruland Clerk, C.C.

Lavillebeuvre & Walton
vs
P & J Powell

Notice to take Depo-
sitions

Jack now
a copy of the within notice
15th September 1838

J. Spalding

St. Louis Circuit Court .

Take Notice, That on the Third day of November in the
year of our Lord one thousand eight hundred and thirty- eight, between the hours of
eight o clock, in the forenoon, of that day, at
the office of Ambrose Kirthand a Justice of the peace in
the City of New York in the County & State of New York
depositions will be taken by the undersigned, to be read on the trial of the above endtled case, on
behalf of the Defendants; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours
until completed.

Peter & Joseph Powell
by J. Polk his ally To the above named
Plaintiffs

Novr Term 1838

Ent

Lavellebeuvre & Walton
vs
P & J Powell

Plffs Jos B Hill
E H Beebe 28th Nov

Neither of the within named
witnesses found in my county

M Brotherton
Shff Nonest , 25

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Jas B Hill, E H Beebe
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 28th Novr inst
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
wherein Lavellebeuvre & Walton are
plaintiff on the part of plff
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 1st day of Novr
in the year of our Lord, eighteen hundred and thirty- Eight Jno Ruland Clerk, C.C.
by
Geo A Hyde Depty

Executed this writ by reading it to
J H Wilson - Thos J Stewart not found
in my county

M Brotherton Sheriff Service non est 62 1/2

Novr Term 1838

Ent

Lavellibeuvre & Walton
vs
P & J Powell

Deff J H Wilson
Thos J Stewart 28th Nov

County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon J H Wilson , Thomas J
Stewart
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 28th Novr inst
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
wherein Lavellebeuvre & Walton are
plaintiff and P & J Powell are
defendant on the part of Defts
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 1st day of Novr
in the year of our Lord, eighteen hundred and thirty-Eight Jno Ruland Clerk, C.C.
by
Geo A Hyde Depty

State Of New- York ,
City And County Of New- York ,
ss.

I, Joseph Hoxic, Clerk of the City and County of New- York , and also Clerk of the
Court of Common Pleas for the said City and County, Do Hereby Certify, That
Ambrose Kirtland , Esq before whom the annexed
deposition was taken, was, at the time of taking the same, a Justice of the
Peace in and for said City and County, duly
commissioned and sworn, and that I believe the signature of said Justice
thereto subscribed is genuine.

In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said
Court and County, the 3d day of Nov 1838. Hopid Clerk

Deposition of witnesses produced sworn and
examined at the office of Ambrose Kirttand
in the City of New York in
the County of Newyork and state of Newyork
before me Ambrose Kirtand a justice of the
peace in a certain cause now depending in the Circuit Court to
the County of St Louis . State of Missouri between
John M Lavillebeuvre & William D Walton Plain-
tiffs and Peter & Joseph Powell defendants in
the part of the defendant.

Thomas J Stewart - of Lawful age being
produced sworn and examined on this part
of the defendants deposeth and saith, that du-
ring a part of the month of March 1834. I
was at the Mouth of White River . Arkansas
on my route to St Louis . and while there receiv-
ed directions from the defendants Peter & Joseph Pow-
ell in whose employ I was as Clerk to Make
purchases of certain descriptions of furs and
Peltries for the St Louis Market. I bought such
as were there offered and being required to return
to St Louis by a certain period. I made an
arrangement with John Coates , a resident at
that landing to buy certain descriptions and qual-
ities of furs & peltries within a certain range
of prices, for each article and quality of the
same according to a written memorandum which I gave him. & the purchases were
to be made within a certain period of time:
which articles when purchased he was to forward
direct to St Louis and in payment for the same
was to on the defendants at St Louis Mis-
souri, if he preferred having the payment made
at new orleans, the defendants would place
then with such mercantile house as he
or they should designate on due proper notice
being given to them said defendants by said
Coates to that effect but in no other way would
they make payment: the compensation of
said Coates for his services was to be ten percent
on the amount of the purchase provided he
adhered strictly to the memorandam I gave
him in every respect: early in the month of
april ensuing the defendants received a large
lot of furs and peltries from the said John Coates
and Letters of advice of the purchase and shipment
on opening and inspecting the same. the articles
varied much from the instructions I gave him
that a great part was such as he was not
authorized to purchase and particularly the
article of Black Bear skin which he was pro-
hibited from buying and in the said lot of furs-
and peltries sent by him they constituted a large
proportion. and the prices paid by him for
certain of said furs and peltries so sent was
greater than was authorized by me. I was not
authorized by the defendants to delegate my
authority to purchase furs and peltries to any
person whatever but I did so for what
I considered the best interests of the defendants
in regard to the payment for said purchases
the defendants received a letter from said
Coates informing them he had given his
note to a Clark at thirty days from
march 22nd. 1834 for the amount of three
thousand five hundred & ninety five Dollars
and or thereabouts: and that
said Clark had taken said note with him
to New Orleans & that if they the defendants
would pay the note it would be full satisfac-
tion for said purchases except his commission
of ten per cent the defendants also after that
received a letter from messrs Lavillebeuvre & Walton
of new orleans tho plaintiffs stating they had a certain note

the note above described and that it was stated
to them it would be paid by the defendants
and requesting them to remit funds forthwith
for payment thereof. which Letter was an-
swered by defendents stating that funds would
he remitted shortly. soon after another letter
was received from the plaintiffs. to the defend-
ants requesting immediate payments a few
days after the receipt of the said last letter by
the defendants from the plaintiffs the said
John Coates at St Louis and called on
the defendants and stated he up expressly
to receive the money for the purchases made by
him as from the tenor of them the defendants
letters to him he judged that if they remitted
to new orleans by any steam Boat to meet
his Coates note and this money not reaching them that they the defendants
would consider it a payment of dis claim a-
gainst the defenants for said purchases and
to avoid any risk whatever he preferred receiv-
ing it at St Louis . and the defendants stated that
they would have have so considered it and were
pleased that he had called to receive the amount
due him. and expressed their dissatisfaction
with of the whole transaction to him as being
unauthorized by them and very badly executed
by him. and that instead of the allowance of
ten percent which I had promised to allow him
they would pay him the amount of the pur-
chases made by him and allow him one half of the profits which they had re-
alized in the transaction to which proposi-
tion the said coates acceded: and the furth-
er defendants forthwith paid him the sum
of three thousand seven hundred and twenty
nine 33/100 Dollars in there abouts
and for which payment I wrote a receipt
in the usual receipt book of the defendants
and dated as now I can recollect in the
seventh of June 1834 or thereabouts and
which receipt was signed by the said
John Coates in my presence and which
money was paid him on the of
the date of said receipt and which money I saw
to Coates about twelve
or fifteen Months after this and after the
imsolvency of this said John Coates and
after his which was generally
known the said note of John Coates was
exhibited to the defendants at St Louis by
one of the
of Hempstead &
& Pay-
ment for a balance said to be due
was demanded of them.
on the back
of the note were three payments
amounting together to about ninteeen hun-
dred dollars and the said was
made for & account of the plaintiffs : Peter Powell
the of the defendants expressed his surprise at
such a demand stating he had paid
said Coates in full. deponent further
saith I am perfectly familiar with the
whole transaction & was in the habit of
seeing all letters received by the defend-
ants during the period I was in their
employ which was long previous to this
transaction up to the first of September
1835 and during that period the defend-
ants paid or remitted to my knowl-
edge any amount whatever on account of
the said note of John Coates to the plain-
tiffs nor received any letters or communications on the subject of
said note requesting payment or otherwise
after the payment to said Coates in June
1834 on there abouts until the said de-

Mand made in the payment of the balance of
said note (except that a few days before
said demand Capt John
called on
the defendants. and states there was a balance
due plaintiffs on said note. That he had
not the not with him) and I am
they defendants could not have made any one of
the three payments credited on the note
without my Knowledge or recovered any
within communication from the plaintiff
that he deponent resides at St Louis and
further saith not.

Thomas J Stewart

I Ambrose Kirtland a justice of the peace do hereby
certify that Thomas J Stewart . The deponent where
place of residence is at St Louis on the state of Mis-
souri was by me sworn to testify the whole truth
of his knowledge touching the matter in controversy
in the cause aforesaid, that deponent was
examined and his examination reduced to wai
ting and subscribed by said deponent in my
presence on the third day of november in the
year eighteen hundred and thirty eight between
the hours of Eight O Clock in the forenoon and
six O Clock in the afternoon at My office in
the City of NewYork in the County of Newyork
and State of NewYork . Given and certified
the third day of November 1838

Ambrose Kirtland a justice of the peace

I Ambrose Kirtland a justice of the peace within
and for the City and County of Newyork in the
State of Newyork do certify that in
of the commission and notice cause
before me at my office in the City of Newyork
in the County and State last aforesaid.
Thomas J Stewart who was there by me sworn and examined and
such examination reduced to writing and
subscribed by him in my presence and
his said deposition is now herecodh re-
turned

Given at the City of Newyork in the
County of Newyork and state of Newyork
this third day of November 1838

Justice fees$6.25Clerk256.50Deponent50$7.00

Ambrose Kirtwell a Justice of the Peace

Lavillebeuvre
vs
P & J. Powell

Depositions for defendants

Opened & filed Nov: 22nd 1838 John Ruland Clerk Passage $ 1.25 Pok

Lavillebeuvre & Walton
vs
P & J Powell

Notice to take Deposi-
tions

St. Louis Circuit Court .

Take Notice, That on the Twenty fifth day of February in the
year of our Lord one thousand eight hundred and thirty-nine, between the hours of
eight O clock, in the forenoon and six O'clock in the afternoon, of that day, at
the office of Ambrose Kirtland in the City & County
of New York and State of New York
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the Defendants; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours,
until completed.

To the above named
Plaintiffs
Read copy7th Jany 1839 J Spalding Peter & Joseph Powell
by J. Polk their attorney

John M Lavillebeuvre & Willi -
am D Walton
vs
Peter & Joseph Powell

to New York

County Of St. Louis , Sct.
The State Of Missouri ,To any Judge or Justice of the Peace or other Judicial Officer of the
State of New York
Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do au-thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by Peter Powell & Joseph Powell or their
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our Circuit Court , for the County of St. Louis ,
wherein John U Lavillebeuvre & William D Walton are
plaintiffs and Peter Powell & Joseph Powell are
defendants on the part of the defendants and having
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
Circuit Court , with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this Twelfth
day of January in the year of our Lord, one
thousand eight hundred and thirty-nine Jno. Ruland Clerk, C.C.

I Ambrose Kirtland a Justice of the Peace with
in and for the City and County of Newyork in
the State of Newyork do certify that in presence
of the annexed Comission and on the seventh
day of March 1839 one thousand eight hundred
and thirty nine between the hours mentioned in
the annexed notice cause before me at the office
of Ambrose Kirtland in the County & State last aforesaid
(the plaintiffs any person one their behalf having
appeared before me on the day mentioned in said
notice since) Thomas J Stewart who was by
thereby me sworn and examined and such exami-
nation reduced to writing and subscribed by him
in my presence and his said deposition is now
herewith returned

Given at the City of Newyork in the County of
Newyork and State of Newyork this seventh
day of March 1839

Justice fees$3.75Clerk25deponents50$4.50

Ambrose Kirtland a Justice of the Peace

Deposition of witnesses produced sworn and
examined at the office of Ambrose Kirtland
in the city of New York in the County of New
York in the state of New York Before one
Ambrose Kirtland a justice of the Peace
in a certain cause now depending in the
St Louis Circuit Court state of Missouri be-
tween John M Lavillebeuvre and William
D Walton Plaintiffs and Peter and Joseph
Powell Defendants on the part of the
Defendants-

Thomas J Stewart of lawful age, being produced
sworn and examined on the part of the defendants
deposeth and saith that he resides at St Louis
Mo: and has lately been in Philadelphia in
the state of Pennsylvania on business and while
there and on or about the 20th of February last
he received a notice from Peter Powell one of the
Defendants to attend as a witness at the time
and place contained in the assured notice:
and in the cause therein mentioned, that on
or about the 22nd day of February last depo-
nent was taken sick and was unable to at-
tend at the time and place aforesaid that
he on the 25th day of February was confined
to the house and an several days afterwards
and that he by an management with said peter
powell on said 25th day of February at Philada
fixed upon this day the 7th of March as the
earliest period at which he could attend as a
witness in said cause and has now come to the
City of New York it give testimony therein.

Deponent further saith that the body of the
receipt hereunto annexed markid A, was drawn
by deponent, and the same was signed by John
Coates in the presence of deponent on the day of
the date thereof to wit the 7th of June 1834 in the
country house of said Peter and Joseph Powell
in St Louis who composed the firm of Peter &
Joseph Powell that said receipt was given for
Peltries and furs purchased on account of said
P & J Powell , and forwarded to them at St Louis
and it was expressly understood at the time of
payment to be in full for all claims whatever
by note or otherwise existing at the time against
said P & J Powell for any purchases made by
said John Coates and, that the amount of three
thousand seven hundred and twenty nine dollars
and thirty three cents, was paid said Coates
in the Counting house of the said P & J Powell
at the time he gave said receipt and in my
presence, and further deponent saith swt.

Thomas J Stewart

I Ambrose Kirtland a Justice of the peace do hereby
certify that Thomas J Stewart the deponent whose
place of residence in St Louis in the State of Missouri
was by me Sowrn to testify the whole truth of his
Knowledge touching the matter in controversy in the
cause aforesaid; that deponent was examined and
his examination reduced to writing and subscribed
by said deponent in My presence on the seventh
day of March in the year eighteen hundred and
thirty nine between the hours of eight O Clock in
the forenoon and six O Clock of the afternoon at
the office of Ambrose Kirtland in the City of NewYork
in the County of Newyork & State of Newyork

Given and certified the 7th day of March 1839

Ambrose Kirtland a Justice of the peace

Received Saint Louis June 7. 1834 of P
& J Powell Three Thousand, seven hundred
& twenty nine 33/100 dollars, being the full
amount of my against them for peltry &etc.
purchased & forward them up to this date, also
including are Hundred and eighty four 22/100
dollars being the half of the net profits
the purchased

John Coates $ 3729 33/100
A

Received St Louis June 17th 1834 of
P & J Powell eighty three 13/100 Dollars on
account of a of

W W Wright

Received Saint Louis 28th December 1833
of P & J Powell four hundred Dollars
also of James H
in all have one hundred Dollars marking
in all five hundred Dollars and
accounts of the seetings at fort
Crawford

Receivd march 16 1834 of P & J Powell
Seventeen Dollars & fifty cents in full of

Isaac for JHogg &

State of New- York ,
City and County of New- York , ss.

I Joseph Hoxie , Clerk of the City and County of New- York , and also Clerk of the
Court of Common Pleas for the said City and County, Do Hereby Certify, That
Ambrose Kirttand esq before whom the annexed
deposition was taken, was, at the time of taking the same, and now is a justice
of the peace acting as such in and for said City and County, duly
commissioned and sworn, and that I believe the signature of said Justice
thereto subscribed is genuine.

In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said
Court and County, the 9 day of March 1839. John Hoxie Clerk.

March 7. 1839

Lavillebeuvre & Walton
vs
P & J Powell

PltfLB Hill
E H Beebe 28th March

Executed this writ in the County of St Louis
by reading it to E. H. Beebe on 26th March
1839. LB hill not found in my County

Service50nonest1262

Marshall Brotherton Shiff
By M Knight depty

County of St. Louis , Sct.
State of Missouri ,To the Sheriff of St. Louis County,Greeting:

You are hereby commanded to summon James B Hill, Edward H
Beebe
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 28th March next
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 Lavillebeuvre & Walton are
plaintiffs and P & J Powell are
defendant on the part of Deff
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 6 day of March
in the year of our Lord eighteen hundred and thirty-nine Jno Ruland Clerk C. C.

Executed this writ in the County of St Louis by
reading it to J.H . Wilson - T.J . Stewart not found
in my County

Service 50nonest1262

M Brotherton , Shff
By M Knight

March 7. 1839

Lavillebeuvre & Walton
vs
P & J of Powell

Deft.. J. H . Wilson
T. J . Stewart 28th March

County of St. Louis . Sct.
State of Missour,To the Sheriff of St. Louis County,Greeting:

You are hereby commanded to summon J H Wilson , Thos. J Stewart
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 28th March
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 Lavillebeuvre & Walton are
plantiffs and P & J Powell are
defendants on the part of defendants
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 6th day of March
in the year of our Lord eighteen hundred and thirty- nine Jno Ruland Clerk, C.C.

Exceuted this writ in the County of St Louis
by reading it to Wm. K Rule 26 March 1839

Service 50 cts Marshall Brotherton Shff
By W. M Knight depty

ext

John Lavillebeuvre &
Wm. D. Walton
vs Peter & Joseph Powell
Subpeona for Wm. K .
Rule for Depts.
28th March

County of St. Louis , Sct.
State of Missouri ,To the Sheriff of St. Louis County,Greeting:

You are hereby commanded to summon William K Rule
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 twenty eighth day of March
next 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 John U Lavillibeuvre & William D Walton are
plaintiffs and Peter Powell & Joseph Powell
defendant on the part of the defendants
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 20th day of March
in the year of our Lord eighteen hundred and thrity-nine John Ruland Clerk, C.C.

Excuted this writ in the County
of St Louis by reading it to J. H .
Wilson Wm K Rule 6th april 39
T J Stewart not found in my County

Service 1.00

nonest 12

1.12

Marshall Brotherton
Shff
By McKnight
Dept

Lavillibeuvre & Walton
vs
P & J Powell

Deft J H Wilson
Thos. G Sewart
Wm K Rule 15th April 13.50 1.05 1.50 2.00 $18.05 5.25 1.05 629 6.92

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis CountyGreeting:

You are hereby commanded to summon J H Wilson , Thos. J Stewart
Wm K Rule
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 15th April
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 Lavillibeuvre & Walton are
plaintiffs and P & J Powell are
defendant on the part of Defts
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 5th
day of April in the year of our Lord eighteen
hundred and thirty-nine Jno Ruland Clerk, C.C.

Lavillibeuvre & Walton
vs.
Powells

attachment for
E H. Beebe for
Plffs

Executed this writ in the County of St Louis
by having the body of E . H , Beebe in
open Court 17th April 1839

Marshall Brotherton
Shff

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis CountyGreeting.

We command you to attach Edward H. Beebe
by their bodies and him safely keep, so that you have their bodies before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of St .
Louis , on theforthwith then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between
Lavillibeuvre & Walton plaintiffs and Powell
are defendants wherein the said Beche
has heretofore been summoned on the part of the said plaintiffs.

Witness, John Ruland , Clerk of our said Circuit Court , at the City
of St. Louis , this 16 day of April.
in the year of our Lord one thousand eight hundred and thirty nine John Ruland Clerk, C.C.

St. Louis Circuit Court & Walton
vs
Peter Powell & Powell March Term 1839

Be it remembered
that on the trail of this case the plaintiffs read
in evidance the depositions of J Claude Lavillibeuvre
& of Thomas P . Lavillibeuvre taken
at New Lavillibeuvre in April in the year 1836
in the words & figures following to wit (here
set out the depositions omitting captions of depositions and copy of letter attached to depositions)
The plaintiff then read
in evidance the note mentioned in one of said
depositions together with the assignment thereof
& the several endorsements in the following
words & figures (here copy the note of Coates &
the several endorsements) The plaintiffs by their
counsel then gave in evidance two letters
of the defendants directed to plaintiffs at New Orleans having proved that defendants
at their date in briefings at
St. Louis , & that said letters were signed by
their name in the handwriting
of Peter Powell one of said defen
dants(here copy the letters, one dated 24th
may 1834, the other 31st may 1834,) The plain-
tiffs then Edward H . Beebe as a wit-
ness who testified that some time before this
suit was brought & in the spring of 1835 the plaintiff sent him the
said note of Coats to present to the defendants
for payment which plaintiff were partners in
New Orleans & of the names as stated in the
declaration that he called are the said Powells
& demanded payment of it the said note than had the several credits rendered on it as follows (here ) & that they de
clared payment on the ground that they had
paid the amount of it to Coats the maker
: and that they said that payments had been
made an account of the note but did
not remember whether they said they had
remitted any thing or any thing about remittance The said Beebe further tes-
tified that the same Boats Michigan &
Boonslick left St Louis in a few days after the
24th may 1834 & each a trip
to New Orleans & returned in the usual
time that the Steam Boat magestic
left St Louis on a trip to New Orleans
directly after the 31st day of the same month
& it & returned to St Louis in the usual
time said Beebe further testified that he
Knew J . H . Graham mentioned in the en
dorsements
an said note: that said Graham
had formely been enganged in trading in
furs& peltries & had been about St Louis

The plaintiffs their read in evidance the depo-
sition of Thomas J . Stewart (which depositions
had been taken ex parte on behalf of
the defenants on the third of November
eighteen hundred thirty eight) which is in
the words & figures following (here in-
sert the first deposition of Stewart )

Said Beebe also testified that Coats had
due some years since insolvent that he
lived in Arkansas at, & before the
of his death & that previous to his resi-
dence in Arkansas the said Coates had
lived in St. Louis as a Clerk & was then
worth nothing & he had never been worth
any thing so far as witness know or be-
lived.

The plaintiff have closed his case no other
testioney was given by either party.

The Court there by its own motion
instructed the jury as follows (here insert the
instructions which are in the Judge's hand wri-
ting

The defendants counsel then asked
the court to instruct the jury as fol-
lows (here insert the instruction in the
handwriting of gamble attached to the other in-
structions

To the giving which instructions the plain-
tiffs by their cousel objected. The court
gave the said Instructions to the
giving of which & each of them the plaitniff
by their counsel excepted.

after the finding of the & within four
days the plaintifs moved to set aside
the said & grant a new trail
for the following reasons then filed in wri-
ting
(here insert them) which motion
was by the court overruled to which
of the court overuling said motion the
plaintiff by then counsel except & pray
the court to sign & seal this their Bill
of exceptions which is done.

St Louis Circit Court

Lavillibeuvre & Walton
vs
P.&.J. Powell

Bill of exceptions

St Louis Circuit Court

Lavillibeuvre & Walton
vs
P.&.J. Powell

Reasons for new
trail

J Spalding atty
for plffFiled April 18th 1839 John Ruland Clerk

St Louis Circuit Court

Plaintiff
towit to set aside
the in this
case & grant a new trail for the fol-
lowing reasons

1 That the same is against law
& evidence

2 It is against the weight of
evidence

3 It is against instructions

4 The Court instructed the jury
wrong: & refused to give instructors
asked for

J Spalding
atty for plff

We the Jury find a verdict in favour
of the Defendants

Foreman

If the Jury belive from the evidance that after the payment
to Coates they the Defendants the plaintiffs treated Coates as
their debtor the Defendants are not liable to the plaintiffs
in this action

Received

3595
1900
2.695

The first general question for the jury is
whether Cotes within the the scope of
his agency or if not have his acts been
adopted and sanctioned by the defendants
If the jury shall be of opinion in the affir
mative this will find for the plaintiff
unless they shall be of opinion that
Cotes was authorized by the plaintiffs
to receive the balance due from
the defendants in which case the jury
will of course find for the defendants

The second general guestion for the jury
is whether, supposing no proven
or any sanction or adoption of Cotes' acts
by the defendants has then been any new
and responsibles by the
defendants

on this point the jury will consider the
whole of the evidance and particularly
will whether anyconsideration
for the plaintiff to
the defendants for such new and
promise if the jury shall be of opinion
that no such consideration they
will find for defendants

It maybe right to observe this if the jury
shall be of opinion that the plaintiffs
continued to hold Cotes as their debtor
after the letter by them for the
Def's they will consider this as evidence
of that no argument was made by
which the of Cotes to plaintiff
was him or to Cotes and
by the defendants

Thirty days from date I promise to pay
L N Clarke or order three thousand five
Hundred and nienty five Dollers and
elevn cents for value Ricvd.Mouth white

River March 22nd 1834 3595 11/100 Dollars John Coates

pay to the order of Lavellebeuvre & Walton

S .h.Clark

June 15 1834Rcd in a/c
of the within- $ 1000.00

1834
Dec 29= Recd of J H Graham 475.00

1835
July 3 Dr

making together nineteen hundred three
14/100 Dollars in a/c of the within note

Lavellebeuvre & Walton John Coates
note
$ 3595.11 3595.11
C. W.S .