Pierre Chouteau v. Edward Hempstead
Item
Pierre Chouteau V. Edward Hempstead. 1811, St. Louis Circuit Court Historical Records Project, accessed October 6, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60556
- Case Title
- Pierre Chouteau v. Edward Hempstead
- Series
- Lewis and Clark
- Plaintiff
- Chouteau, Peter
- Defendant
- Hempstead, Edward (Executor)
- Lewis, Meriwether (Estate of)
- Date Filed
- 1812
- Filing Date
- 1812
- Plaintiff’s Attorney
- Allen, William O.
- Defendant’s Attorney
- Hempstead, Edward
- Court Name
- District of St. Louis, Court of Common Pleas
- Court Term
- 1812-03
- Judge
- Horeseltero, A.
- Hamilton, Alexander
- Clerk
- Riddick, Thomas F.
- Sheriff
- McNair, Alexander
- 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
- 31
- Identifier
- ccr1812.01074.009
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Pierre Chouteau vs. Edward Hempstead**
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**Page 1** (1074_001.jpg)
> *Legal Function: Cover*
no. 31.
St Louis [illegible] Com. Pleas
March Term 1812
[illegible] Peter Chouteau vs Loius administrator
[illegible] Decl.
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**Page 2** (1074_002.jpg)
> *Legal Function: Plaintiff's Complaint*
[illegible] Louisiana territory
District of Louis [illegible]
Peter [illegible] Chouteau by [illegible] Wm O Allen his attorney
complains of Edward [illegible] Hempstead administrator of [illegible] all and
singular the goods & [illegible] chattels, rights and credits, [illegible] lands, tenements
which [illegible] were of [illegible] Meriwether Lewis late of the [illegible] district a-
foresaid decreased at the time of his death, who died
intestate (as it is said) for this to wit, [illegible] that whereas
the said [illegible] Meriwether Lewis in his life time, that is
to say on the fifteenth day of May in the year eighteenth
hundred and nine at the District aforesaid [illegible] accord
to the custom of Merchants in that [illegible] respect used and
[illegible] approved of, made & [illegible] drew a certain Bill of Exchange
in writing bearing date the day and year aforesaid
upon one The Honbl the Secretary of War of the U States
and by the said Bill required the said [illegible] secretary
at War of the U States three days after [illegible] sight to pay
to the said Peter [illegible] Chouteau the [illegible] sum of four
hundred and forty dollars [illegible] value
and [illegible] there delivered the said Bill the said Peter
[illegible] Chouteau which said Bill the said Peter [illegible] Chouteau
afterwards to wit on the [illegible] sixteenth day of [illegible] October
in the year of our [illegible] Lord eight hundred and nine
at the District of Columbia county of Washington
[illegible] showed and presented to the said [illegible] secretary at
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**Page 3** (1074_003.jpg)
War of the U'States for his acceptance thereof, and
then and there required him to accept the same,
but the said Secretary at War of the U'States did
not then and there, or at any time whatsoever accept
the said Bill, and then and there wholly refused
[illegible] ever to accept the same (by [illegible]) [illegible] that the same
would not be paid, the drawer having no authority
to draw" and afterwards to wit on the same day and
[illegible] last aforesaid the said Secretary at War
of the U'States refused [illegible] ever to pay the same, whereof
the said [illegible] Meriwether Lewis to wit on the tenth day
of november eighteen hundred & nine had notice, and
whereof the said Edward [illegible] Hempstead administrator [illegible]
after the death of the said [illegible] Meriwether Lewis had also
on the tenth day of [illegible] June eighteen hundred and ten
[illegible] notice; By reason of which premises, and according
to the custom and by the Law of Merchants and the
the acts of the [illegible] legislature of the territory of Louisiana
the [illegible] intestate in his life time [illegible] became liable
to pay to the said Peter [illegible] Chouteau the sum of four
hundred & forty dollars in the said Bill specified
when [illegible] he the said [illegible] Meriwether Lewis should be
thereunto afterwards requested together with the cost
[illegible] on the amount of the said
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**Page 4** (1074_004.jpg)
> *Legal Function: Plaintiff's Complaint Part 2*
sum of four hundred & forty dollars, and being of of -> so liable
in the said [illegible] Meriwether Lewis in consideration [illegible] thereof
afterwards to wit the same day and year last afousaid
at the said District of St.Louis underlook, and then and
there faithfully promised the said [illegible] Peter Chouteau to
pay him the said sum in the said Bill mentioned
together with the cost of protest the six percent[illegible] as above
expressed, when him the said [illegible] Meriwether Lewis
should be [illegible] thereunto afterwards requested, and the said
Peter Chouteau avers that he did on a day thereafter
[illegible] to wit on the tenth day of november eighteen hundred
\- nine at the District of St. Louis aforesaid and within
the [illegible] jurisdiction of this Court who then and there
requested of the said intestate in his lifetime pay-
ment of the said sum of four hundred & forty dollars
cost of protest & the six percent as aforesaid which
he acknowledged [illegible] to owe but refused to pay the same
or any part thereof, and the said Peter [illegible] Chouteau
also [illegible] avers that he did after the death of the said
[illegible] Meriwether Lewis apply to [illegible] and demand payment
of the aforesaid Edward Hampstead his administrator
as aforesaid, of the said sum of four hundred &
forty dollars cost of protest together with the said
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**Page 5** (1074_005.jpg)
[illegible] six per cent [illegible] thereon as aforesaid who also refused
to pay the [illegible] same or any part there of to him the
said Peter [illegible] Chouteau or to any person or persons
for his [illegible] benefit ; By [illegible] reason whereof and by force
of the custom and Law of Merchants and the acts
of this territory in such cases made and provided
a [illegible] righthath accrued to the said Peter [illegible] Chouteau
the Plaintiff to have and to recover of the said
Administrator Defendant the said sum of four
hundred & forty dollars cost of [illegible] protest and the
six percent damages thereon as aforesaid
by [illegible] whereof he is [illegible] in damaged
one thousand dollars therefore he [illegible] sees
*[illegible] Allen , p.q..*
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**Page 6** (1074_006.jpg)
> *Legal Function: Defendant's Plea*
Edward Hampstead
[illegible] admof M. Lewis
[illegible] Pierre Chouteau
The [illegible] Defendant pleads
that [illegible] which was
not [illegible] of the [illegible]
to M Lewis in his [illegible] lifetime -
[illegible] to him the [illegible]. [illegible]
-[illegible] of [illegible] for money receiving to the
[illegible] amount of Eight hundred Dollars- [illegible] administrator - the [illegible]-.
*E Hampstead
[illegible]*
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**Page 7** (1074_007.jpg)
> *Legal Function: Cover *
Mike [illegible] Morin
[illegible] Pierre Chouteau
vs
Edward Hampstead
[illegible] administrator of
[illegible] Lewis decd
> *Legal Function: Cover Part 2*
[illegible] pleas by the Deft page 191.
consolidated [illegible] actions p161.
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**Page 8** (1074_008.jpg)
> *Legal Function: Summons*
no 31
St Louis [illegible]
March [illegible] 1812
Peter Chouteau
[illegible] vs
Lewis administrator
[illegible]
This is an action of [illegible] Debtfor
money [illegible] due on a protested [illegible] bid of
Exchange of four hundred and
forty dollars with [illegible] costs and
charges [illegible] together with one
thousand dollars Damage
[illegible] Let a [illegible] summons issue according
ly
*allen p.q.
Executed
[illegible] A McNair Sheriff
[illegible] \$0 cents*
> *Legal Function: Summons Part 2*
[illegible]
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**Page 9** (1074_009.jpg)
> *Legal Function: Summons Page 3*
Territory of Louisiana
District of St Louis
[illegible] The United States of
America to the Sheriff for the
District of St.Louis Greeting
We command you to [illegible] summons Edward
[illegible] Hempstead to appear before the [illegible] judges of our
Court of Common [illegible] pleas in and for the District of
[illegible] Saint Louis to be holden on the first monday
in [illegible] March next to [illegible] answer unto Peter Chouteau in [illegible] a plea of [illegible] debt of four [illegible] hundred
and forty Dollars to the Damage of the
[illegible] Chouteau one thousand Dollars and
have you then there this writ[illegible]
*[illegible] Witness the [illegible] honbl. Samuel [illegible] a [illegible] presiding judge of our said
Court at the [illegible] town of St Louis this Ninth
day of [illegible] Januarythe year of
[illegible] our Lord one thousand eight hun-
dred and twelve [illegible] and of our
Independance the thirty sixth The [illegible] CCCP*
Pierre Chouteau V. Edward Hempstead. 1811, St. Louis Circuit Court Historical Records Project, accessed October 6, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60556