Peter Chouteau v. Edward Hempstead
Item
Peter Chouteau V. Edward Hempstead. 1808, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60531
- Case Title
- Peter Chouteau v. Edward Hempstead
- Series
- Lewis and Clark
- Plaintiff
- Chouteau, Peter
- Defendant
- Hempstead, Edward (Executor)
- Lewis, Meriwether (Estate of)
- Date Filed
- 1809
- Filing Date
- 1809
- Plaintiff’s Attorney
- Allen, William O.
- Defendant’s Attorney
- Hempstead, Edward
- Court Name
- St. Louis Court of Common Pleas
- Court Term
- 1812-03
- Judge
- Hammond, Samuel
- Clerk
- Riddick, Thomas F.
- Cause of Action
- Action of Debt
- Case Notes
- Estate of Meriwether Lewis; bill drawn on Secretary of War William Eustis, who refused to honor note when presented in Washington, D. C., saying that the same would not be paid
- Case Number
- 30
- Identifier
- ccr1809.01073.007
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Peter Chouteau vs. Edward Hempstead**
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**Page 1** (1073_001.jpg)
> *Legal Function: Copy of Protest*
"Endorsed" " P . [illegible] Chouteau pay John Davidson .”
*"Jacob Phillipson"*
> *Legal Function: Copy of Protest Part 2*
copy of the [illegible] protest
District of Columbia
county of washington
[illegible] Set.
Be it known that on the
seventeenth day of july in the year of our Lord one
thousand eight hundred and nine. I Henry [illegible] notary public for the county aforesaid, residing in the city
of Washington , in the said county duly [illegible] commissioned
and [illegible] sworn at the request of [illegible] Mr. [illegible] John Davidson [illegible] , presented
to Dr. William [illegible] secretary of war above mentioned,
the original Bill whereof the above is a true copy, the
time limited for payment of the said Bill being
expired since acceptance thereof was demanded by our
the said Notary and demanded of said Secretary at war
payment of the [illegible] Sum of money in the said Bill specified
whereunto he answered that he would not pay the same
because the [illegible] drawer had no authority to draw.”
Wherefore I the said notary at the request aforesaid
have protested, and by these presents do solemnly protest as
well against the drawer of the said Bill, as all others whom
it doth or may concern, for all legal [illegible] interest, damages, cost
and charges which have occured or which may occur by
reason of the non payment of the said sum of money
according to the [illegible] of the said Bill. This done and
protested at the city of Washington , the day and year aforesaid
*In testimony whereof I have [illegible] hereunto set my
hand [illegible] affixedmy [illegible] NotorialSeal of Office.
[illegible] Henry Whitenorff Notary Public*
> *Legal Function: Copy of Protest Part 3*
| | |
|---|---|
| [illegible] notice | \$1- |
| [illegible] protesting | 1.70 |
| [illegible] | 1.75 |
| [illegible] notarized copy | 1 |
| | \$5.45 |
---
**Page 2** (1073_002.jpg)
> *Legal Function: Complaint*
District of St. Louis [illegible]
Peter [illegible] Chouteau by William [illegible] Allen
his attorney complains of Edward Hampstead Administrator
of all and [illegible] singular the goods and [illegible] chattels, & [illegible] rights and credits, Lands
and [illegible] tenements which were of [illegible] Meriwether Lewis late of the
district aforesaid deceased, at the time of his death, who died
[illegible] intestate as it is said, for this [illegible] to wit that [illegible] whereas the said
[illegible] Meriwether Lewis in his life time, that is to say on the
sixteenh day of June in the year eighteen hundred and
nine at the district aforesaid, according to the custom of
merchants in that [illegible] respect used and approved of, made &
draw a certain Bill of Exchange in writing, bearing date
the day and year aforesaid, upon [illegible] one Dr. William
[illegible] Eustis Secretary at war, and by the said bill required
the said Dr. William [illegible] Eustis [illegible] secretary at [illegible] war three [illegible] days after to pay
to the said Peter [illegible] Chouteau the sum of eighty one dollars,
value received, and then and there delivered the said bill
to the said Peter [illegible] Chouteau which said bill the said Peter
[illegible] Chouteau afterwards to wit on the seventeenth day of July
in the year eighteen hundred and nine at the District of
Columbia county of
Washington , [illegible] shared and presented to the
said Dr. William [illegible] Eustis secretary of [illegible] war for his acceptance
thereof, and then and there required him to accept the same,
but the [illegible] said Dr. William [illegible] Eustis secretary of War, did not
then and there, [illegible] or at any time whatsoever, accept the said
Bill, and then and there wholly [illegible] refused to accept
the same by answering “ that he would not pay the same
because the drawer had no authority to draw” and afterwards
to writ on the same day & year last aforesaid the said Dr.
William [illegible] Eustis secretary of War wholly [illegible] refused will to pay
the same, whereof the said [illegible] Meriwether Lewis to writ on the
tenth day of August in the year eighteen hundred and nine had notice
and whereof the said Edward Hempstead Administrator
after the death of the said [illegible] Meriwether Lewis had also
on the tenth day of june in the year eighteen hundred
and ten notice; By [illegible] reason of which premises, and according
to the custom and by the law of merchants, the said [illegible] intestate
in his life time [illegible] became liable to pay to the [illegible] Peter Chouteau
the sum of eighty one dollars in the said bill specified
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**Page 3** (1073_003.jpg)
When [illegible] he the said [illegible] Meriwether Lewis should be [illegible] thereunto afterwards
requested together, with the cost of [illegible] protest and six per cent on the
amount of the said sum of eighty one dollars, and being so liable,
[illegible] he the said [illegible] Meriwether Lewis in consideration thereof, afterwards, to wit
the same day and year cash aforesaid, at the said District of
of St. Louis and within the jurisdiction of this Court, undertook, and
then and there faithfully promised the said Peter [illegible] Chouteau to pay
him the said sum of money in the said Bill contained together
with the cost of [illegible] protest & the six per cent as above [illegible],
when the said [illegible] Meriwether Lewis should be thereto afterwards
requested and the said Peter [illegible] Chouteau , that he did on
a day thereafter to writ on the tenth day of august in year eighteen
hundred and nine, at the district [illegible] last aforesaid, who then
and there requested of the said [illegible] intestate in his life time
payment of the said sum of eighty one dollars, cost of
[illegible] protest and the six per cent as aforesaid who refused to
pay the same [illegible] or any part thereof and the said Peter [illegible] Chouteau
also [illegible], that he did after the death of the said [illegible] Meriwether
Lewis apply to and demand payment of the said Edward
Hempstead his administrator as aforesaid, of the said sum
of eighty one dollars and cost of [illegible] protest together with the said
six per cent thereon as aforesaid who also refused to pay the
same or any [illegible] part thereof to him the said Peter [illegible] Chouteau
to any other person or persons for his benefit; By [illegible] reason whereof
and by force of the custom, Law of merchants, and the [illegible] statute
of this Territory in such cases made and provided a [illegible] right hath accused to the plaintiff to have and [illegible] of the
said administrator Defendant, the said sum of eighty one
dollars, cost of [illegible] protest together with the six per cent before
mentioned and therefore he [illegible] sees to his damage
[illegible] two hundred & fifty dollars
*[illegible] Allen*
> *Legal Function: Complaint Part 2*
a copy of the Bill of exchange mentioned in the [illegible] foregoing declaration
no 28 " St. Louis June 16th 1809”
“Three days after [illegible] sight , my first of this [illegible] tenor
"date remaining unpaid, pay to
Peter [illegible] Chouteau or [illegible]
“the sum of Eighty one dollars for value received as [illegible] advice of this date
*Signed [illegible] [illegible] .
[illegible] Meriwether Lewis ”
$[illegible]1
"Dr. William [illegible] Eustis
Secretary of War ”*
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**Page 4** (1073_004.jpg)
> *Legal Function: Bill of Costs*
no. 30
St. Louis com. plea
March [illegible] Term 1812
Peter [illegible] Chouteau
Louis [illegible] admnr
This is
an [illegible] action
of Debt
| | |
|---|---|
| Clerk | |
| Sheriff | 80 |
| [illegible] | 20 |
| Tax | [illegible] 1.00 |
| [illegible] Attorney | 6.00 |
[illegible]
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**Page 5** (1073_005.jpg)
> *Legal Function: Summons*
Territory of Louisiana
District of St Louis
[illegible]
The United States of
America to the Sheriff of the District
of St Louis Greeting
We command you to summon Edward [illegible] Hempstead administrator of [illegible] Meriwether Lewis [illegible] due to appear before the
judges of our Court of Common pleas to be holden in the town
of St Louis in [illegible] and for the district of St Louis on the first
monday in March next to answer unto Peter [illegible] Chouteau
of a plea of Debt of eighty one Dollars [illegible] and to the [illegible]
damage of the [illegible] Chouteau two hundred and fifty
dollars and [illegible] have you [illegible] then there this [illegible] writ
*[illegible] Witnessthe [illegible] honbl & Samuel [illegible] Hammond
presiding Judge of our [illegible] said Court
at the town of St Louis this 8th day
of January in the year of [illegible] our
Lord one thousand eight hundred
and twelve and of our [illegible] independence
the thirty sixth [illegible] Thos. F. Riddick CCCP*
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**Page 6** (1073_006.jpg)
> *Legal Function: Summons Part 2*
no 30
St Louis Com plea
March [illegible] Term 1812
Peter [illegible] Chouteau
vs
[illegible] Lewis administrator
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**Page 7** (1073_007.jpg)
Peter Chouteau V. Edward Hempstead. 1808, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60531