Thomas James v. St. Louis Fur Company, et al.

Item

Thomas James V. St. Louis Fur Company, Et Al. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60544

Full Text: See images and transcription side by side
Case Title: Thomas James v. St. Louis Fur Company, et al.
Series: Fur Trade
Plaintiff: James, Thomas
Defendant: Missouri Fur Company; Menard, Pierre; Lisa, Manuel; Labbadie, Sylvestre; Chouteau, Pierre Sr.; Chouteau, Auguste; Morrison, William; Lewis, Reuben; Henry, Andrew; Clark, William
Date Filed: 1809-03-29
Filing Date: 1809-03-29
Plaintiff’s Attorney: Easton, Rufus
Court Name: St. Louis Circuit Court
Judge: Bent, Silas
Clerk: Riddick, Thomas F.
Sheriff: McNair, Alexander
Sworn Declarant: Cauller, John; Thorn, Solomon; Larrison, Daniel; Legest Chouteau, Paul; De Villemond,Duverge; Graham, John A.
Cause of Action: Breach of Contract
Case Notes: Defendants Pierre Menard, Manuel Lisa, Sylvestre Labbadie, Pierre Chouteau, Sr., William Morrison, Auguste Chouteau, Andrew Henry, Reuben Lewis and William Clark surviving partners of Benjamin Wilkinson; contract to voyage to headwaters of Missouri River.
Case Number: 26
Identifier: ccr1810.24587.028
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Thomas James v. St. Louis Fur Company, et al.**

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**Page 1** (24587_001.jpg)
> *Legal Function: Summons to Partners of St. Louis Missouri Fur Company*

Territory of Louisiana
District of Saint Louis sct
The United States of America
to the Sheriff of the district of
Saint Louis Greeting
We command you to summons Pierre Menard,
Manuel Lisa , Silvester Labbadie, Pierre Choteau Senior,
Auguste Choteau , William Morrison , Reuben Lewis, -
Andrew Henry and William Clarke , surviving partners
of Benjamin Wilkenson deceased late merchants in
company trading under the style name and from
of the Saint Louis Missouri fur Company if they may
be found within your [illegible] that they be and -
judges of
the district of Saint Louis on the first Monday
of November next then there to answer unto Thomas
James of a plea of tresspass[?] on the case to the damage
of the said Thomas James the sum of seven hundred
and fifty dollars and have you then there
this writ

*Witness the Honbl [illegible] Bent Esquire presiding
Judge of our said Court at the
town of Saint Louis aforesaid this -
twentieth day of 7 October in the year
of our Lord One thousand Eight
hundred and Ten and of our -
Independence the thirty fifth Thos F. Riddick Clk*

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**Page 2** (24587_002.jpg)
> *Legal Function: Certificate of Execution*

Executed on [illegible]
Lisa Pierre Choutean
and William Clark -
none of the other Defendant
as within named
found in Saint Louis
District

*A Mcnair [illegible] on 3 $ 1.20*

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**Page 3** (24587_003.jpg)
> *Legal Function: Thomas James' Complaint Concerning Breach of Contract*

Louisiana Territory
District of S Louis ss
Thomas James complains of Pierre Menard
Manuel Lisa , [illegible] Labbadie, Pierre Choteau
Senior, Auguste Choteau ,
William Morrison,
Reuben Lewis Andrew Henry & William Clark
surviving partners of Benjamin Wilkinsen deceased
late Merchants in Company trading under the style
Name and [illegible] of the Saint Louis Missouri fur
Company for this to [illegible] that whereas the said
Defendants by Benjamin Wilkinson their agent, [illegible]
authorized and empowered for that purpose entered
in to a written contract and Engagement, under
His Hand of the said Benjamin Wilkinson and
the said Thomas James and this in the words & figures
following to writ “Article of Contract and agreement,
this day entered into between
Benj " Wilkinson ,
agent for the St. Louis Missouri fur Company of the
[illegible] part and Thomas James of St. Louis district of the
other part Witnesseth that the said Thomas James
has this day engaged, promised and bound himself
and does by these presents engaged promise and bind
himself to do and perform all and singular the services
that may be required of him by the said Company
in the prosecution of a [illegible] from St Louis to the Head
Waters of the Missouri , or to other [illegible] on the Waters of
said River Missouri , and to obey, do and perform all
duties and [illegible] Commands required of him the said
Thomas James by [illegible] Person or Persons as have [illegible]
[illegible] or Command of the Embarkations [illegible] or Expeditions
up the said River, a many which Duties and [illegible]

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**Page 4** (24587_004.jpg)
Command the following and write, to writ -
that the said Thomas James is to present himself
in proper Person and the [illegible] of St Louis at such [illegible]
as the Company may deem Proper [illegible] and proper
[illegible] to [illegible] said voyage that he is to labor and
as [illegible] the transportation of baggage, loading and
unloading of Boats, rowing, towing and all other things,
connected with or relating to the safe and [illegible]
of the now, Baggage, Merchandise, or other things from
this town of St Louis to the Head Waters of the said River
that on his arrival there he is to Labor in trapping
hunting and collecting furs, meats, Poltries[?] and to the
best of his abilities [illegible] and cunning and is to remain
with said Company or be removed by the
said Company from place to place on the said
Waters of the Missouri as may be deemed most to
their advantage always in Case of a [illegible]
to [illegible] in transporting baggage merchandise
and finally is bound to [illegible] perform all those things
which Once engaged under similar circumstance
and with the same views,, are bound to do and perform
obeying and executing with promptness all [illegible]
and reasonable orders which only [illegible] be given him by
those Persons who command the expeditions - - -
and the said Benjamin Wilkinson in the Name and or
behalf of the St. Louis Missouri Fur Company , do
command with the said Thomas James as follows
to writ - that the said Thomas James shall be
furnished with four men and the necessary equipment
for himself and [illegible] four men for hunting and
trapping and to allow him as full compensation
one equal fifth part of his and the four men's land[?]
their contract to continue for the term of three
years, unless sooner discharged by the company. -
all this the contracting parties aforesaid promise

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**Page 5** (24587_005.jpg)
to do and perform, under the penalty of five Hundred
Dollars, if either party shall break this contract
St. Louis March 29th 1809.

*Gest.
Jn. A [illegible] . Thomas James (Signed) Benjamin Wilkinsen
agent for the said Company*
The said Thomas James in fact says that he did in all
things will and truly perform all and singular the
promises and Engagements in the said written Engagement
and Contract mentioned on his Part, [illegible] performed
and done to writ at the District of St
Louis in the Territory of Louisiana on the first Day
of September in the year of our Lord one thousand
eight Hundred and ten, yet the said Defendants
all though after requested have not done and performed and any part of the said written Contract
and Engagement on their part, [illegible] and
Contracted to be done and performed on the part of
the said Defendants, but hand refused and neglected
to perform the same in this, to writ
that the said defendant did not furnish four men
and the necessary equipment for the said Thomas
James for himself and four men for hunting and
trapping as by said written Contract the said Defendants
were bound to do, but on this Day and [illegible]
before said last mentioned said Defendants whereby
refused and still refuse whereby the said Thomas
James was prevented from being allowed the full
Compensation of one equal fifth part of his own
and the said four mens hunt, as by the said Contract
he was entitled to and so the said Thomas
James saith that on the Day and year at the

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**Page 6** (24587_006.jpg)
place last aforesaid and within the Jurisdictions
of this Court [illegible] the said Defendants have
not kept and performed their said written Contract
and engagement with him the said Plaintiff
but have [illegible] the somes, whereby he says he
is injured and has sustained damage to the
value of Seven Hundred and fifty Dollars
and where the said Defendant afterwards, one the day
and hear at the place and witness the Jurisdiction
[illegible] aforesaid were indebted to him the said Thomas
James in the sum of Five Hundred Dollars Current
money of the United States by the writing obligatory
aforesaid under the hands of the said Defendants
acknowledged themselves, to be held and firmly bound
unto the said Thomas James in the [illegible] sum of
five Hundred Dollars Current money aforesaid
to be paid unto him when afterwards they
the said defendants should be thereto requested,
the Date whereof is the twenty ninth
Day of March in the year of our Lord One thousand
Eight Hundred and Nine and is now here to the
Court [illegible]
and whereas the said Defendants afterwards on
the first day of September the year of [illegible]
One thousand Eight Hundred and Two at the place
and within the Jurisdiction aforesaid, were indebted
to the said Thomas James in the sum of five
Hundred Dollars, for Work and Labour Care and
Diligence of him the said Thomas James , by him the
said Thomas James before that time [illegible] performed
and [illegible] in and about the [illegible] of the Law

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**Page 7** (24587_007.jpg)
Defendants and for the said defendants, they the said
defendants inconsideration, thereof, afterwards, to writ
on the same day and year at the place and within the
Jurisdiction aforesaid, under [illegible] and faithfully promised
the said Thomas James to pay him the said sum of
money when they should be thereto afterwards requested
and whereas afterwards to writ - on the same day and
year and at the place and within the Jurisdiction aforesaid,
in Consideration that the said Thomas James
at the [illegible] Request of the said Defendant had before
that time done, performed, and [illegible] other his Work
and Labour Care and Diligence in and about other the
[illegible] of the said Defendants and for the said Defendants,
they the said Defendants then and there under
took and faith fully promised the said Thomas James
to pay him as much money as he therefore [illegible]
deemed to have when they the said Defendant
should be there to afterwards requested and the said
Thomas James [illegible] that he therefore reasonably
deserved to have of the said Defendants other five
Hundred Dollars like lawful money. to writ
at the place aforesaid and within the jurisdiction
aforesaid, whereof the said Defendants
afterwards, to writ - on the same day and year
aforesaid, there had Notice.
And whereas the said Defendants afterwards
writ on the same day and year at the place
and within the jurisdiction last aforesaid were
indebted to the said Thomas James in the sum of
Five Hundred Dollars Current money as aforesaid,
for money by the said Thomas James before,
that time laid out and [illegible] for the said

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**Page 8** (24587_008.jpg)
Defendants, at their [illegible] and request
and for other money before that time had and [illegible]
by the said Defendants to the uses of the said Thomas
James and for other money by the said Thomas James
before then lent and advanced to the said Defendant
at their like instance and request and being so
indebted the Defendants in Consideration thereof
afterwards [illegible] on the same day and year at
the place and within the jurisdiction aforesaid,
undertook and there then faithfully promised
to pay the said plaintiff said sum of money last
mentioned when they should thereto be aforesaid
requested yet the said Defendants although
often requested have not paid the [illegible] sums of
money aforesaid or any part thereof to the said Thomas James
but to pay the same or any part thereof to the
said Thomas James have [illegible]
and still refuses to the Damage of the said Thomas
James of Seven Hundred and fifty Dollars, and
therefore he brings suit by

*R. Easton his attorney*
> *Legal Function: Caption*

[illegible]
St. Louis common pleas
November
Thomas James [illegible] vs
Pierre Menard
Manuel Lisa
Sylvester Labbadie
Pierre Chouteau [illegible]
William Morrison
Auguste Chouteau
Andrew [illegible]
Reuben Lewis
William Clarke
This is an action brought
to recover damages for
the [illegible] of a written
engagement for five
hundred dollars for work
and labor and money
paid out &[illegible]
& [illegible] at summons
in a plea of trespass
on the case damage
750 $ charge tax fee
to me

*R. Easton 26*

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**Page 9** (24587_009.jpg)
> *Legal Function: Summons for John Cauller and Solomon Thorn*

Territory Of Louisiana , District of St. Louis sct. The United States of America to the Sheriff of St. Louis
District-Greeting.
You are hereby commanded to summons John Cauller and
Solomon Thom[?]
that setting aside all manner of excuse and delays they be and
appear in proper person before the judges of our Court of common pleas on the
Eigth day of March [illegible] [illegible] at the
town of Saint Louis then there to testify and the truth of say in a certain
matter of controversy now pending in our said court, wherein Thomas
James is plaintiff and The Saint Louis Missouri
fur Company
defendant on the part of the plaintiff and have you
then there this writ.

*Witness The Honbl Silas Bent presiding
judge of our said court at the town of St. Louis the
fourth day of March
in the year of our Lord, one thousand eight hundred and
Eleven and of the Independence of the
United States the thirty fifth [illegible] Clerk of St. L . D . C. P.*

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**Page 10** (24587_010.jpg)
> *Legal Function: Caption*

Saint Louis Common pleas
March Term 1811
Thomas James
advs
Saint Louis Missouri
free [illegible]
[illegible]
> *Legal Function: Other*

non Est

*A. McNair Shff
2 non Est $ 1.00
26*

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**Page 11** (24587_011.jpg)
> *Legal Function: Summons for Daniel Larrison*

Territory of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St. Louis
District - Greeting
You are hereby commanded to summons Daniel Laruson that setting aside all manner of excuse and delays he be and
appear in proper person before the judges of our Court of common pleas on the
eighth day of March [illegible] at the
town of Saint Louis then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein Thomas
James is plantiff and the Saint Louis Missouri
fur compnay defendant on the part of the Plaintiff and have you
then there this writ.

*Witness the Honorl Silas Bent presiding
judge of our said court at the town of St. Louis the
fourth day of March
in the year of our Lord, one thousand eight hundred and
eleven and the Independence of the
United States the thirty fifth Thoff Riddick Clerk of St. L . D . C. P.*

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**Page 12** (24587_012.jpg)
> *Legal Function: Caption*

Saint Louis Common pleas
March Term 1811
Thomas James
vs
Saint Louis Fur Comp.
Sibpeona
> *Legal Function: Other*

Non Est

*McNair Shrff
1 non Est 50 cents
26*

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**Page 13** (24587_013.jpg)
> *Legal Function: Summons for Paul Legest Chouteau and Duverge D. Villemond*

5-28-18
Territory of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St. Louis
District - Greeting
You are hereby commanded to summons Paul Legest Chouteau
and Duverge D Villemond
that setting aside all manner of excuse and delays they and each of them be and
appear in proper person before the judges of our Court of common pleas on the
third day of July next [illegible] at
the town of St. Louis then there to testify and the rruth to say in a certain
matter of controversy now pending in our said court, wherein Thomas
James is plantiff and the St. Louis Missouri
fur company defendant on the part of the Defendants and have you
then there this writ.

*Witness the Honorl Silas Bent presiding
judge of our said court at the town of St. Louis the twenty eight day of May in the year of our Lord, one thousand eight hundred and
eleven and the Independence of the
United States the thirty fifth. Thos F Riddick Clerk of St. L .
D . C. P.*

---

**Page 14** (24587_014.jpg)
> *Legal Function: Caption*

No 16
Saint Louis Com pleas
November Term 1808
Moses Flemy
vs
Ezekiel Rogers
Summons
Dan \$600
Executed

*Jer. Connor Shf*
|   |   |
|---|---|
| Service | 0,,80 |
| Mileage | 2,,20 |
| Shrf.[?] | $ 3,,-- |
> *Legal Function: Caption*

St. Louis Com pleas
July Term 1811
Thomas James
vs
St. Louis Missouri
fur Company
Subpeona

*Paul Legust Chouteau [illegible] Deverge F Villimond*
> *Legal Function: Certificate of Execution*

Executed on Paul Legust
Chouteau Deverge Villimond
not found in St. Louis district

*A McNair Shff SLD fee 33 cent
26*

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**Page 15** (24587_015.jpg)
> *Legal Function: Summons for Daniel Larrison and John Caulter*

Territory of Louisiana , District Of St. Louis sct. The United States opf America to the Sheriff of St. Louis
District - Greeting
You are hereby commanded to summons Daniel Larrison
and John Caulter
that setting aside all manner of excuse and delays they and each of them be and
appear in proper person before the judges of our Court of common pleas on the
third day of July next at the
town of Saint Louis then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein Thomas
James is plantiff and the Saint Louis Missouri fur
company
defendant on the part of the Plaintiff and have you
then there this writ.

*Witness the Honorl Silas Bent presiding
judge of our said court at the town of St. Louis the
third day of June
in the year of our Lord, one thousand eight hundred and
eleven and the Independence of the
United States the thirty fifth. Thoff Riddick Clerk of St. L . D . C. P.*
> *Legal Function: Caption*

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**Page 16** (24587_016.jpg)
St. Louis Com pleas
July Term 1811
Thomas James
vs
St. Louis Missouri
fur Company
St. Louis
fur Company

*John Caulter Daniel Larrison*
> *Legal Function: Certificate of Execution*

Executed on John Caulter
Daniel Larrison not found
in the district

*fee 33 cent A McNair Shrf[?]*

---

**Page 17** (24587_017.jpg)
> *Legal Function: Summons for Solomon Thorn*

Territory of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St. Louis
District - Greeting
You are hereby commanded to summons Solomon [illegible]
that setting aside all manner of excuse and delays he be and
appear in proper person before the judges of our Court of common pleas on the
third day of July next at the
town of Saint Louis then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein Thomas
James is plantiff and the St Louis Missouri fur
company
defendant on the part of the Plaintiff and have you
then there this writ

*Witness the Honorl Silas Bent presiding
judge of our said court at the town of St. Louis the
third day of June in the year of our Lord, one thousand eight hundred and
eleven and the Independence of the
United States the thirty fifth. Thos F Riddick Clerk of St. L . D . C.
P.*

---

**Page 18** (24587_018.jpg)
> *Legal Function: Other*

[illegible]
83
33
40
7.92
> *Legal Function: Caption*

St. Louis Com pleas
July Term 1811
Thomas James
vs
St. Louis
fur Company
Solomon
non Est

*A McNair Shff non Est 56 cent*

---

**Page 19** (24587_019.jpg)
> *Legal Function: Summons for John A. Graham*

Territory Of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St. Louis
District - Greeting
You are hereby commanded to summons John A. Graham
that setting aside all manner of excuse and delays
he be and appear in proper person before the judges of our Court of common pleas on the third day of July next, at the town of St. Louis ,
then there to testify and the truth to say in a certain matter of controversy now pending
in our said court, wherein Thomas James is plantiff and the St Louis Missouri
fur company
defendant on the part of the Plaintiff and have you
then there this writ

*Witness the Honorable Silas Bent presiding
judge of our said court at the town of St. Louis the
tenth day of June in the year of our Lord, one thousand eight hundred and
eleven and the Independence of the
United States the thirty fifth. Thos F Riddick Clerk of St . L. D.*

---

**Page 20** (24587_020.jpg)
> *Legal Function: Caption*

St. Louis Com pleas
July Term 1811
Thomas James
vs
St. Louis Missouri
fur Company
[illegible]

*John A Graham non Est
A McNair Shff 50 cent
[illegible]*

---

**Page 21** (24587_021.jpg)
> *Legal Function: Summons for Legueste Chouteau*

Territory Of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St St. Louis
District - Greeting
You are hereby commanded to summons Leguest Chouteau that setting aside all manner of excuse and delay he be and appear in proper
person before the judges of our Court of common pleas on the fifth day of November next, at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein Thomas James is plaintiff and the St Louis Missouri fur company
defendant on the part of the defendants and have you then
there this writ

*Witness the Honorable Samuel Hammond Esquire presiding
judge of our said court at the town of St. Louis , the eleventh day of September in the year of our Lord, one thousand eight hundred and eleven and of
the Independence of the
United States the thirty sixth. Thoff Riddick Clerk of St . L. D.*

---

**Page 22** (24587_022.jpg)
> *Legal Function: Caption*

St. Louis Com pleas
November Term 1811
Thomas James
vs
St. Louis Missouri
fur Company
subpoena

*Augueste Chouteau*
> *Legal Function: Certificate of Execution*

Executed

*A McNair Shff fee 33 cent
26*

---

**Page 23** (24587_023.jpg)
> *Legal Function: Summons for Daniel Larrison and John Caulter*

10-10-1811
Territory of Louisiana , District of St. Louis sct. The United States of America to the Sheriff of St St. Louis
District - Greeting
You are hereby commanded to summons Daniel Larrison and Jon Caulter that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of common pleas on the fourth
day of November next, at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein Thomas James is plaintiff and the St Louis Missouri fur
company defendants on the part of the plaintiff and have you then
there this writ

*Witness the Honorable Samuel Hammond Esquire presiding
judge of our said court at the town of St. Louis the tenth day of October in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the
United States the thirty sixth. Thoff Riddick Clerk of St. L . D . C. P*

---

**Page 24** (24587_024.jpg)
> *Legal Function: Caption*

St. Louis Com pleas
November Term 1811
Thomas James
vs
St. Louis Missouri
fur Company
subpoena

*Daniel Larrison John Caulter
Nopn Est
A McNair Shff
Non Est \$1,,00
Easton*

---

**Page 25** (24587_025.jpg)
> *Legal Function: Summons for Solomon Thorn*

Territory of Louisiana , District of St. Louis sct. The United States of America to the Sheriff of St St. Louis
District - Greeting
You are hereby commanded to summons Solomon Thorn
that setting aside all manner of excuse and delay he be and appear in proper
person before the judges of our Court of common pleas on the fourth day of November next, at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein Thomas James is plaintiff and the St Louis Missouri fur
company defendants on the part of the plaintiff and have you then
there this writ.

*Witness the Honorable Samuel Hammond Esquire presiding
siding judge of our said court at the town of St. Louis the tenth day of October in the year of our Lord, one thousand eight hudred and eleven and of
the Independence of
the United States , the thirty sixth. Thoff Riddick Clerk of St. L . D . C. P*

---

**Page 26** (24587_026.jpg)
> *Legal Function: Caption*

St. Louis Com pleas
November Term 1811
Thomas James
vs
St. Louis Missouri
fur Company
subpoena

*Solomon Thorn Non Est
A McKain Shff Non Est 50 cent
26
Easton*

---

**Page 27** (24587_027.jpg)
> *Legal Function: Summons for Paul Auguste Choteau and Duverge De Villimond*

Territory of Louisiana , District of St. Louis sct. The United States of America to the Sheriff of St St. Louis
District - Greeting
You are hereby commanded to summons Paul Leguest Chouteau and Duverge De Villimond that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of common pleas on the fourthday of November next, at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein Thomas James is plaintiff and the St Louis Missouri fur
company defendants on the part of the plaintiff and have you then
there this writ.

*Witness the Honorable Samuel Hammond Esquire presiding
judge of our said court at the town of St. Louis the tenth day of October in the year of our
Lord, one thousand eight hudred and eleven and of
the Independence of
the United States the thirty sixth Thos F Riddick Clerk of St. L . D . C. P*

---

**Page 28** (24587_028.jpg)
> *Legal Function: Caption*

St. Louis Com pleas
November Term 1811
Thomas James
vs
St. Louis
fur Company
subpoena

*Paul Legueste Chouteau Deverge De Villimond*
> *Legal Function: Certificate of Execution*

Executed Paul
Legueste Chouteau
Deverge De Villimond
not found

*A McNair Shff fee 33 cent
Non Est 50
~3 cents
Easton
26*

Item sets: All Circuit Court Records; Circuit Court Cases; St. Louis Fur Trade Cases, 1800 - 1834

Thomas James V. St. Louis Fur Company, Et Al. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60544