Peter Chouteau v. Administrator of the Estate of Meriwether Lewis
Item
Peter Chouteau V. Administrator of the Estate of Meriwether Lewis. 1811, St. Louis Circuit Court Historical Records Project, accessed October 3, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60560
- Case Title
- Peter Chouteau v. Administrator of the Estate of Meriwether Lewis
- Series
- Lewis and Clark
- Plaintiff
- Chouteau, Peter
- Defendant
- Lewis, Meriwether (Estate of)
- Hempstead, Edward (Executor)
- Date Filed
- 1812
- Filing Date
- 1812
- 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.
- 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
- 30
- Identifier
- ccr1812.01078.007
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Peter Chouteau vs. Meriwether Lewis**
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**Page 1** (1078_001.jpg)
> *Legal Function: Cover*
no 30
St Louis Com pleas
March Term 1812
Peter [illegible] Chouteau
vs
Lewis' administrator
---
**Page 2** (1078_002.jpg)
> *Legal Function: Summons of Edward Hempstead*
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 to appear before the
judges of our Court of common pleas to be holden in the [illegible] town
of St. Louis in 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 and to the [illegible] our
age of the [illegible] Lewis Chouteau two hundred [illegible] and fifty
dollars and have you then there this writ
*[illegible] Witness the [illegible] honbl. Samuel [illegible] Hammond
presiding judge of our [illegible] said court
at the[illegible] town of St Louis this 8th day
of January in the year of our
Lord one thousand eight hundred
[illegible] and twelve [illegible] and of our Independence
the thirty sixth [illegible] CCCP*
---
**Page 3** (1078_003.jpg)
> *Legal Function: Copy of Protest*
“[illegible] "Endorsed" " P . [illegible] Chouteau pay John Davidson [illegible]”
“[illegible] "Jacob Phillipeon"" Copy of the [illegible] Protest
" District of Columbia
county of Washington sct.
Be it known that on the
seventeenth day of July in the year of [illegible] Our Lord one
thousand eight hundred and nine. [illegible] I Henry [illegible]
notary public for the county aforesaid, [illegible] residing in the city
of Washington , in the said county duly [illegible]
and [illegible] at the request of [illegible] M. John Davidson presented
to D William [illegible] Pistis secretary at war above mentioned,
the [illegible] original Bill whereof the above is a true copy, the
time limited for payment of the said Bill being,
[illegible] expired since acceptance thereof was demanded [illegible] by our
the said [illegible] Notary and demanded of said [illegible] Secretary of war
payment of the sum of money in the said Bill [illegible] specified whereunto he accused that he would not pay the same
because the [illegible] drawer had no authority to draw”.
Wherefore the said notary at the request aforesaid
have protested and by these presents [illegible] protest as
will against the [illegible] drawer of the said Bill, as [illegible] all others whom
if [illegible] doth or may concern, for all legal interest, damages, cost
and changes which have accrued, on which may accrue by
[illegible] reason of the nonpayment of the said sum of money
according to the [illegible] of the said Bill. Thus done and
protested at the city of Washington , the [illegible] day and year aforesaid
In testimony whereof I have [illegible] hereunto set my
hand [illegible] my [illegible] notarial seal of office
*signed
[illegible] Legend*
> *Legal Function: Copy of Protest Part 2*
| | |
|---|---|
| [illegible] notice | \$1- |
| [illegible]protesters | 1.70 |
| [illegible] | 1.75 |
| [illegible] material copy | 1- |
| | $ 5.45 |
---
**Page 4** (1078_004.jpg)
> *Legal Function: Copy of Protest Part 3*
And also the following protest
“I [illegible] Peter Notary Public for the
Commonwealth of
Pennsylvania , [illegible] residing in the city of
Philadelphia , by [illegible] lawful [illegible] authority duly [illegible]
and [illegible], do hereby [illegible] Cirtefy and attest unto all
whome it doth or may concern that the [illegible] foregoing are
time and [illegible] faithful copies of an Original [illegible] Bill and of the
protest for non payment thereof, produced unto [illegible] me by [illegible] Lewis Philipeon there in [illegible] named , and the [illegible] holden thereof .
In [illegible] Testimony whereof I have [illegible] hereunto set my hand
and [illegible] affixed my [illegible] notarial seal the twenty first day
of July 1809.”
*(signed)
" Peter [illegible] NP”*
> *Legal Function: Copy of Protest Part 4*
No 30
St. Louis
[illegible] Com Pleas
March Term 1812
[illegible] Peter Chouteau vs Lewis admin".
This is an
action of
[illegible] debt for
money [illegible] due on a [illegible] protested
Bill of [illegible] Exchange of [illegible]
eighty one dollars will cost
[illegible] “ charges together with
two [illegible] hundred and fifty
[illegible] dollars damage . [illegible] let a
[illegible] a summons issueaccord-
ingly.
*Allen p.q.*
> *Legal Function: Certificate of Execution*
Executed.
*[illegible] A McNair Sheriff*
> *Legal Function: Copy of Protest Part 3*
[illegible] Thu January 9th 1812
*[illegible] A McNair Sheriff*
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**Page 5** (1078_005.jpg)
> *Legal Function: Plaintiff's Complaint*
District of St. Louis [illegible]
Peter [illegible] Chouteau by William [illegible] Allen
his attorney complains of [illegible] Edward Hempstead Administrator
of all and [illegible] singular the goods and [illegible] chattels, rights & 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
sixteenth 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 [illegible] “ drew a certain Bill of Exchange in writing [illegible] ,brailing date
the day and year aforesaid, upon our Dr. William
[illegible] Pustis secretary at war, and by the said bill [illegible] required
the said Dr. William [illegible] Pustis secretary at [illegible] war three days after [illegible] sight to pay
[illegible] to the said Peter Chouteau
the sum of eighty one dollars,
value [illegible] received and then and there delivered the [illegible] said bill
to the said [illegible] Peter Chouteau which said bill the said [illegible] Peter Chouteau afterwards to wit on the seventeenth day of July
in the year eighteen hundred and nine at the District of
[illegible] Columbia . County of Washington , [illegible] shared and [illegible] presented to the
said Dr. William [illegible] Pustis secretary of [illegible] war for his acceptance
thereof, and then and there [illegible] required him to accept the same,
but the [illegible] said Dr. William [illegible] Pustis secretary of War, did not
then and there, [illegible] or at anytime whatever, [illegible] accept the [illegible] said
Bill, and then and there wholly [illegible] refused to accept
the same (by [illegible] answering "that he would not pay the [illegible] same" because the [illegible] drawer had no authority to draw".“ and [illegible] afterwards
to wit on the same day & year last [illegible] aforesaid the [illegible] said Dr.
William [illegible] Pustis secretary of War wholly [illegible] refused to pay
the same, whereof the [illegible] Meriwether Lewis to wit on the
tenth day of August in the year eighteen hundred and nine [illegible] had notice
and whereof the [illegible] 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 [illegible] premises and according
to the [illegible] custom and by the law of [illegible] merchants, the [illegible] said intestate
in his life time because [illegible] liable to pay to the [illegible] Peter Chouteau
the [illegible] sum of eighty one dollars in the said [illegible] bill specified
---
**Page 6** (1078_006.jpg)
when he the said [illegible] Meriwether Lewis should be [illegible] thereunto afterwards
requested together with the cost of protest and six per cent on the
amount of the said sum of eighty one dollars, and being so [illegible] liable he the said [illegible] Meriwether Lewis in consideration thereof, afterwards, to wit
the same day and year last aforesaid, at the [illegible] said District of
of St Louis and within the [illegible] jurisdiction of this Court, undertook, and
then and there faithfully promised the said [illegible] Peter Chouteau to pay
him the said [illegible] sum of money in the said Bill contained together
with the cost of [illegible] protest the [illegible] six percent as above [illegible] expressed
when the said [illegible] Meriwether Lewis should be [illegible] thereunto afterwards
[illegible] requested and the said Peter [illegible] Chouteau that he did on
[illegible] a day [illegible] thereafter to wit on the twelth day of august in year eighteen
hundred and nine at the district last [illegible] aforesaid , who then
and there [illegible] requested of the said [illegible] intestate in his life time
[illegible] payment of the said sum of eighty one dollars, cost of
protest and the six per cent as [illegible] aforesaid who [illegible] 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 [illegible] administrator as aforesaid of the said [illegible] sum
of eighty one dollars and cost of protest together with the said
[illegible] six per cent [illegible] thereon as aforesaid who also [illegible] refused to pay the
same or any part thereof to him the said Peter [illegible] Chouteau or
to any other person or persons for his benefit; By [illegible] reason whereof
and by force of the [illegible] custom, Law of merchants and the [illegible] salute
of this territory in such cases made and provided a right
hath accrued to the plaintiff to have and [illegible] recover of the
said administrator defendant the said [illegible] sum of eighty one
dollars, cost of protest teogether with the six per cent [illegible] before mentioned and therefore he [illegible] sues to his damage
two hundred & fifty dollars
*Allen [illegible] p.q*
> *Legal Function: Plaintiff's Complaint Part 2*
a copy of the bill of exchange mentioned in the [illegible] foresawing declaration " St Louis june 16th 1809”
“Three days after sight, my first of this [illegible] tenor no [illegible] and
“[illegible] date remaining unpaid, pay to [illegible] Peter Chouteau on order
“the sum of Eighty one dollars for value [illegible] received as [illegible] advice
of this date
*your [illegible] [illegible] [illegible] Meriwether Lewis "
[illegible] \$81- “Dr. William [illegible] Pustis Secretary of War ”*
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**Page 7** (1078_007.jpg)
> *Legal Function: Caption*
no. 30
St Louis com. pleas
March Term 1812
Peter [illegible] Chouteau vs
Louis adm.
This is
an [illegible] action
of Debt
> *Legal Function: billofcosts*
| | |
|---|---|
| Clerk - | |
| Sheriff - | 80 |
| [illegible] - | 20 |
| [illegible] Tax - | [illegible] |
| [illegible] Money | 6.00 |
[illegible]
Peter Chouteau V. Administrator of the Estate of Meriwether Lewis. 1811, St. Louis Circuit Court Historical Records Project, accessed October 3, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60560