Peter Chouteau v. Edward Hempstead
Item
Peter Chouteau V. Edward Hempstead. 1810, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60550
- Case Title
- Peter Chouteau v. Edward Hempstead
- Series
- Lewis and Clark
- Plaintiff
- Chouteau, Peter
- Defendant
- Hempstead, Edward (Executor)
- Lewis, Meriwether (Estate of)
- Date Filed
- 1811
- Filing Date
- 1811
- Plaintiff’s Attorney
- Allen, William O.
- Defendant’s Attorney
- Hempstead, Edward
- Court Name
- Territory of Louisiana, District of St. Louis, Court of Common Pleas
- Court Term
- 1811-11
- Judge
- Hammond, Samuel
- Clerk
- Riddick, Thomas F.
- Cause of Action
- Trespass on the Case
- Case Notes
- Estate of Meriwether Lewis; plaintiff also spelled Peter Chouteau
- Case Number
- 67
- Identifier
- ccr1811.01072.014
- 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** (1072_001.jpg)
> *Legal Function: Bill of Costs*
No. 64
Nov. Term 1811
Peter [illegible] Chouteau
M. Lewis , admn.
| | |
|---|---|
| [illegible] costs | |
| clerk | \$2 90 |
| [illegible] | 80 |
| [illegible] | 10 |
| [illegible] | 1.00 |
| [illegible] | 6.00 |
| | \$10.40 |
---
**Page 2** (1072_002.jpg)
> *Legal Function: Plaintiff's Additional Count to Declaration*
additional count added, by [illegible] preemition of
the court.
And whereas also to wit on the sixteenth
day of june in the year eighteen hundred and nine
of the district aforesaid and within the jurisdiction
of this court the said [illegible] Meriwether Lewis in his life
time did draw and deliver unto the said Peter [illegible] Chouteau
one other bill of exchange in the words and [illegible]
following to wit,
> *Legal Function: Plaintiff's Additional Count to Declaration Part 2*
“[illegible] St Louis june 16th 1809”
“Three days after [illegible] my [illegible] of this [illegible] date announcing unpaid, pay to Peter [illegible] Chouteau
or order the sum of eighty one dollars for value
received as [illegible] advice of this date
*your [illegible]
[illegible] Meriwether Lewis*
> *Legal Function: Plaintiff's Additional Count to Declaration Part 3*
\$81-
Dr William [illegible]
“and then [illegible] there delivered the said
bill of exchange to the said [illegible] Peter Chouteau which Bill
the said [illegible] Peter Chouteau after [illegible] to wit on the seven-
teenth day of july in the year eighteen and nine
at the district of columbia and county of washington
[illegible] presented to the said Dr. William [illegible] secretary at war for his acceptance thereof, and the
and there [illegible] requested him to accept the same, but the
said Dr. william [illegible] Sunday at war did not
then & there [illegible] or at any time whatsoever accept the
said Bill of Exchange, and then and there [illegible] which
refused ever to accept the same by answering that
he would not pay the same because the [illegible] drawer had
no authority to draw and afterwards to wit on the same
day and year last aforesaid the said Dr. William [illegible] secretary at war wholly refused ever to pay the same
[illegible] whereof the said [illegible] Meriwether Lewis , to wit, on the tenth
day of august in the said year of eighteen hundred
and nine had notice and whereof the said Edward
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**Page 3** (1072_003.jpg)
Hampstead administrator as aforesaid, to wit on
the tenth day of june in the year eighteen hundred
and ten had also notice: By [illegible] of the [illegible] promises and
according to the custom, & law of merchants and the
[illegible] statute of this territory in such cases made and
provided, the said [illegible] anitistate in his lifetime because
liable to pay the said Peter [illegible] Chouteau the further
sum of eightty one dollars in the said bill specific
when he should [illegible] be thereunto afterwards requested [illegible] together
with the cost of protest & six percent on the amount of
the said sum of eighty one dollars and being is liable he the
said [illegible] Meriwether Lewis in consideration thereof, afterwards
to wit on the said tenth day of August in the year
eighteen hundred and nine, at the District 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 protest
the six percent as above [illegible] expressed when him the
said [illegible] should be [illegible] thereunto afterwards
requested, and the said
Peter [illegible] Chouteau avow , that he did
on a day thereafter to wit on the tenth day of august
in the your your -> year eighteen hundred and nine, at the District
of [illegible] Louis aforesaid , then and there demand and request of
the said [illegible] Meriwether in his lifetime payment of the
said sum of eighty one dollars, cash cash -> cost of [illegible] protest and the did did -> six
percent on the amount thereof as aforesaid, who refused
to pay the sum or any part thereof, and the said Peter
[illegible] Chouteau also [illegible] avows that he did after the death of the said
[illegible] Meriwether Lewis apply to and demand payment of the
[illegible] said Edward Hempstead administrator as aforesaid
of the said sum of eighty one dollars, cost of protest
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**Page 4** (1072_004.jpg)
> *Legal Function: Caption*
Additional count
to declaration
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**Page 5** (1072_005.jpg)
> *Legal Function: Plaintiff's Additional Count to Declaration Part 4*
together with the said six per cent thereon as
aforesaid who also refused to pay the said sum
or sums of any part thereof to him the said [illegible] Peter Chouteau or to any other person or persons for his
benefit; By reason whereof and by the force of the
custom of and Law of merchants and the [illegible]
statute of this territory in such cases made and provided
a right hath accuced accuced -> accused to the plaintiff to have and
to recover of the said administrator defendant
the further sum of eighty [illegible] one dollars, cost of [illegible]
together with the six percent thereon as aforesaid
and therefore he [illegible] sues to his damage one thou
sand dollars [illegible]
*Allen p. q.*
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**Page 6** (1072_006.jpg)
> *Legal Function: Complaint*
[illegible] District of St. Louis [illegible]
Peter [illegible] Chouteau by [illegible] w.o allen his attorney complain of
Edward Hampstead Administrator of all and [illegible] singular the
good [illegible] Chattels ; rights [illegible] Credits , Lands [illegible] Leniments which were of
[illegible] Meriwether Lewis died [illegible] late of the district aforesaid, at the time of his
death, who died [illegible] intestate as it is said for this to wit that he [illegible] under
unto the said [illegible] intestate the sums of money; sold and delivered
unto him the said [illegible] intestate the goods wears and [illegible] merchantdise laid out and expended other sums of money; did work and
labour; That the said [illegible] intestate did make and Execute and
deliver the said Bills of Exchange [illegible] numbers 27-& 28-which
were protested at cost and changes changes -> charges ; and that the said
[illegible] intestate did Execute his said bond for the said sum of
twenty five hundred dollars, as [illegible], set down and
changed in the [illegible] accounts [illegible] to subjoined
by all of which it will appear, that the said [illegible] intestate
did in his life time [illegible] did [illegible] did undertake , promise, agree,
and bind himself to pay to the said Peter [illegible] Chouteau
the said sums of money; the value of the said work
labour; the amount of the said Bills of Exchange [illegible] together
with the cost of protest, the amount of damage resulting
therefore therefore -> therefrom ; and the [illegible] interest due on the said bond
[illegible] and form as set down in the said
[illegible] accounts. But the same to pay the said [illegible] intestate
in his Lifetime [illegible] altho' often [illegible] thereto required did always
refuse; and the said
Edward Hampstead the adminis-
trator aforesaid [illegible] altho' often , [illegible] thereto required to pay the
said sum of one thousand sixty one dollars & Sixty
five cents or any [illegible] part did [illegible] hath to his damage [illegible] eleven
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**Page 7** (1072_007.jpg)
hundred dollars and therefore he [illegible] sues.
*[illegible] Allen*
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**Page 8** (1072_008.jpg)
> *Legal Function: Bill of Exchange*
| | | |
|---|---|---|
| D. [illegible] La Succession de fue Meriwether -
[illegible] A Pierre Chouteau | | |
| 1808 | | |
| [illegible] 25. | [illegible] | 10. |
| [illegible] | [illegible] | 95. |
| [illegible] 3 | [illegible] | 25. |
| | 500- [illegible] | 4. |
| [illegible] 16 | 200- [illegible] | 20. |
| 23 | 1500- [illegible] | 15. |
| 24 | 700- [illegible] | 7. |
| | 4 [illegible] | 8. |
| | 7 [illegible] | 1.75 |
| [illegible] | [illegible] | \$185.75 |
| [illegible] | [illegible] | [illegible] |
| | | $ 168.75 |
*St Louis 22 [illegible] 1811- -*
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**Page 9** (1072_009.jpg)
> *Legal Function: Caption*
No 3-
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**Page 10** (1072_010.jpg)
> *Legal Function: Evidentiary Document*
| | | |
|---|---|---|
| [illegible] The Estate of [illegible] M . Lewis [illegible] dec'd In [illegible] Peter [illegible] Chouteau Dr. | | |
| [illegible] | To your Bill of exchange of this date (no 27) | 440 |
| | "Amt paid [illegible] Rufus Easton in consequence of
the above Bill being protested for charges [illegible] which was [illegible] returnedto me on this day | 4670. |
| 1811 oct 22 | “Interest fee on the [illegible] Bill from 22nd may 1810 to this date | 13980 |
| 1809 June 16th | your Bill of exchange of this date no 28 | [illegible] |
| | “cost of protest on the same [illegible] | 5.45 |
| 1811 oct 16th | “Damage & interest on the same for 28 months | 2995 |
| | [illegible] Balance due on your [illegible] act as
[illegible] to accused | [illegible] 16875 |
| | [illegible] Intesest on your bond of \$2500 dated 7th Aug.
1808 from the 1st of may 1909 up to 1st of
may 1810- [illegible] per annum [illegible] | [illegible] 150 |
| | | \$106165 |
| | [illegible] Credit the above estate | |
| By so much on account of the [illegible] Missouri
fur company | [illegible] 754.50 | |
| Balance due P.C. | [illegible] \$307.15 | |
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**Page 11** (1072_011.jpg)
> *Legal Function: Caption*
No. 67
St Louis [illegible] com Pleas
nov term 1811.
Peter [illegible] Chouteau vs.
M. Lewis [illegible]
This is an
action on
the case to recover money
due on account [illegible] hereunto
[illegible] let a summons
against the said adminis-
trator, in the sum of
eleven hundred dollars
damages, [illegible] issue.
*[illegible] allen p.q
Executed on [illegible] Edward
Hempstead administrator
[illegible] A. McNair Shff
[illegible] 80 cents*
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**Page 12** (1072_013.jpg)
> *Legal Function: Defendant's Demurrer to Plaintiff's Complaint*
Edward Hempstead ,
[illegible] adm of [illegible] Meriwether Lewis dec
adv
Peter Chouteau
The defendant [illegible] demurs to
the plaintiff's [illegible] declaration and [illegible] assigns the following [illegible] causes
to wit-
1. Because the Bills of Exchange are not
[illegible] declared on -
2. Because [illegible] matters aremixed
[illegible] in one count
3. Because there are no [illegible] dates, nor places
[illegible] mentioned in said declaration of the
said declaration is informal
*E. Hampstead [illegible] for himself
nov 4 1811*
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**Page 13** (1072_014.jpg)
> *Legal Function: Caption*
Edward Hampstead
[illegible] adm. . of M . [illegible] Lewis , Dec.
[illegible] adv
Peter [illegible] Chouteau
> *Legal Function: Summons*
Territory of Louisiana
District of Saint Louis
Sct.
The United States of America
to the sheriff of St. Louis District
Greeting.
We command you to summons Edward Hampstead administrator of all and Singular the
goods and [illegible] Chattels , rights of credits, [illegible] Lands and [illegible] tenements ,
which [illegible] of [illegible] Meriwether Lewis [illegible] decd [illegible] late of the district
aforesaid, if he may be found within your [illegible] bailiwick
that he [illegible] be and appear before the judges of our Court
of common pleas to the holden at the town of Saint -
Louis in and [illegible] fore the District of Saint - Louis on
the first monday of November next then and
there to Answer unto Peter [illegible] Chouteau in a plea of
[illegible] trespass on the case to the damage of the Said Peter
[illegible] Chouteau one thousand one hundred dollars
and have you then then this writ.
*[illegible] Witness the [illegible] honb Samuel Hammond
[illegible] presiding judge of our said court at
[illegible] S Louis aforesaid this eighteenth day
of October in the year of our Lord one
thousand eight hundred and eleven
and of the Independance of this
United States the [illegible] sixth [illegible] Thomas Riddick Clk*
Peter Chouteau V. Edward Hempstead. 1810, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60550