Louis Tayon v. Etienne Malbeuf

Item

Louis Tayon V. Etienne Malbeuf. 1805, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60576

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Case Title: Louis Tayon v. Etienne Malbeuf
Series: Lewis and Clark
Plaintiff: Tayon, Louis
Defendant: Malbeuf, Etienne
Date Filed: 1805-03-05
Filing Date: 1805-03-05
Plaintiff’s Attorney: Easton, Rufus; Lucas
Court Name: St. Louis County Court
Court Term: 1805-03
Clerk: Leia, Mannel; Leduc, Marie Philip
Cause of Action: Trespass
Case Notes: Debt concerns food, drink, washing and lodging in the town of St. Charles.
Case Number: 18
Identifier: ccr1815.00757.018
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Louis Tayon v. Etienne Malbeuf**

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**Page 1** (0757_001.jpg)
> *Legal Function: Complaint*

Territory of Missouri ,
St Louis County,
[illegible] In the Circuit Court of the term
of October One Thousand eight
hundred and fifteen
Louis Taylor , plaintiff complains, of [illegible]
defendant of a plea, of trespass, on the case for that
whereas, the said defendant on the first day of January
one thousand eight hundred and ten at the town of St.
Charkes,[?] in the then district, of st Charles, and territory,
of Louisiana , to wit at the town of St Louis in the Coun-
ty of St. Louis , and within, the jurisdiction, of this court,
was indebted, to the said plaintiff, in the sum, of ninety,
five dollars and eighty five cents correct money, of the
United , States for divers, goods & chattels, was [illegible] and
[illegible] by the said peaintiff before that [illegible] time,
sold and delivered, to the said defendant, at his
special, instance and request and being so indebted,
he the said defendant in [illegible] thereof
afterwards to wit, on the same day, and year afore,
said at the town of St Charles , aforesaid to wit, at
the town and county, of St. Louis aforesaid, and within,
the jurisdiction, aforesaid, undertook and faithfully,
promised, the said plaintiff to pay him, the said sum,
of Ninety five dollars, and eighty five cents, when
he should be, thereto afterwrds,[?] requested
and whereas afterwards to, wit on the same day and
year aforesaid at the town of St Charles , in the then
district of St , Charles aforesaid [illegible] to wit at the town of
St. Louis in the County , of St. Louis aforesaid and within
the jurisdiction, of this court, in consideration, that
the said plaintiff, at the [illegible] request of the said
defendant had before, that time, sold & delivered,
to the said defendant divers, other goods & chattels,
[illegible] and [illegible] the said defendant
then and then undertook and faithfully promised, the
said plaintiff to pay him, so much money as he
therefore reasonably deserved, to have and the said
plaintiff [illegible] that he there, for reasonably deserved,
to have of the said defendant other ninety, five

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**Page 2** (0757_002.jpg)
dollars and, eighty five cents, like money, at the
town of St Charles , in the district, of St Charles , afore
said to wit, at the town and County , of St Louis aforesaid,
aforesaid, and within the jurisdiction, aforesaid, where
of the said defendant had notice afterwards, to wit,
on the same day and year aforesaid. And whereas,
the said defendant afterwards to wit, on the same day
and year aforesaid, at the town of St Charles , in the
district, of St Charles aforesaid, to wit at the town and
County , of St Louis [illegible] together with
the said plaintiff of and [illegible]
of money from the said defendant to the said plaintiff
due and owing, and then [illegible] and unpaid,, and
upon that account the said defendant was found to
[illegible] to the said plaintiff in
other nintey,[?] five dollars and eighty five cents, of
like lawful money and being so found in arrears and indebted, he the said defendant in consideration,
therefore, afterwards, to wit on the same day and
year aforesaid, at the town and district, of St Charles ,
aforesaid, to wit at the town, and County , of St Louis
aforesaid undertook, and faithfully promised, the
said plaintiff to pay him the said last mentioned
sum, of money, when he should thereunto,
afterwards requested,. And whereas afterwards to wit,
on the same day and year aforesaid, at the town and
district, of St. Charles aforesaid, to wit at the town and
County , of St. Louis aforesaid, in consideration that
the said plaintiff at the like request, of the said
defendant, before the time [illegible]
for the said defendant meat [illegible] washing and
lodging, and other [illegible] he the, said defendant then & there,
undertook &, faithfully promised, the said plaintiff to pay him
so, much money as he therefor reasonably deserved, to have where,
he the said defendant should be thereto, afterwards requested
and the said plaintiff [illegible] that he therefore, reasonably deserved,
to have of the said defendant twenty five dollars of
like lawful money at the town and district of St Charles
aforesaid, to wit at the town and county, of St. Louis aforesaid,
within, the jurisdiction aforesaid,, when of the [illegible] afterwards to wit on,
same day and year aforesaid then, had notice,

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**Page 3** (0757_003.jpg)
And whereas the said defendant was indebted, to the said
plaintiff in twenty dollars of like lawful money for the
use and [illegible] of a certain room, and apartment,
to wit one room in, and part, and [illegible] of, a certain [illegible] of the said plaintiff, situate in the
Town and district, of St ,. Charles aforesaid to wit in the
Town and county of St. Louis aforesaid,, and within the jurisdic,[?]
tion aforesaid,[?] by him the said defendant, and at his
request, and by the permission, of the said plaintiff for
a long time to wit for the space of three months before, then
[illegible] had held, used, [illegible] and [illegible]
and being so indebted he, the said defendant in conside-
ration then of, afterwards to wit on the same day & year,
aforesaid, at the town and district, of St , Charles aforesaid,
to wit at the town and county, of St , Louis aforesaid and within
the jurisdiction aforesaid, undertook and then there, faithfully
promised the said plaintiff to pay him the said sum of
money when he should be, thereto afterwards requested,
And whereas in consideration that the said plaintiff [illegible] the like
requested, the said defendant had before, that time permitted,
the said defendant [illegible]
[illegible] a certain other, room and apartment to wit one other
room, in, and part, and parcel, of a certain [illegible] of the said plaintiff situate in the town and district,
of St , Charles aforesaid, to wit in the town and County of St , Louis
aforesaid, and within the jurisdiction aforesaid, and that the
said defendant according to that [illegible] had [illegible] used
occupied possessed and, enjoyed the same for a long time to wit
for the space of five month before then [illegible] he the said
defendant then undertook, and faithfully promised,
the said plaintiff to pay him so much money as he therefor,
reasonably deserved to [illegible] when he [illegible] to requested, and the said plaintiff [illegible] that he
therefore reasonably deserved, to have of the said defendant
other twenty dollars of like, lawful money — at the town
and district of St , Charles aforesaid, to wit at the town and,
county of St , Louis aforesaid and within the jurisdiction aforesaid,
when, of the said defendant afterwards to wit on the same
day and year aforesaid, there had notice
And whereas the said defendant afterwards [illegible] to wit on the

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**Page 4** (0757_004.jpg)
same day and year aforesaid at the town and district of St ,
Charles aforesaid to wit, at the town and County , of St. Louis
aforesaid and within, the jurisdiction, aforesaid was indebted,
to the said plaintiff in other ninety,
five dollars eighty five cents of like, money, for money, by the said plaintiff
before that time, said out [illegible] and paid to for, the
use, of the said defendant, at his special instance, and
request and for other money by the said plaintiff before that
time lent, and advanced, to the said defendant, at his like
request, and for other money by the said defendant before that
[illegible] and for [illegible] of the said plaintiff,
and being so indebted, he the said defendant, in consideration,
afterwords to wit, on the same day and year aforesaid
at the town and district, St . Charles , aforesaid to wit, at the
town and county of, St. Louis aforesaid and within the jurisdiction,
aforesaid undertook, and there and then faithfully promised,
the said plaintiff to pay him the said last, mentioned sum, of money when he should be then to afterwards requested,
yet the, said defendant, although often reminded, hath
not, yet paid the said [illegible] any part
[illegible] pay the same [illegible]
part thereof. to the said plaintiff hath hitherto wholly refused,
amd stoll doth refuse,[?] to the said plaintiff his damage
one, hundred and twety,[?] five dollars and therefore he
brings his suit,

*Easton ,[?] and Lucas ,
p. q.*
Territory, of Missouri ,
County , of St Louis
[illegible]
Louis [illegible] the plaintiff in the foregoing declaration maketh oath,[?] and saith that [illegible]
[illegible] in the above declaration, is justly,
indebted to him the sum of twenty five dollars,
twenty five cents, for [illegible] and [illegible] accounts
one that he verily believes, he [illegible] he said [illegible]
said defendant ought to, be held to [illegible] in the
sum, of one hundred and twenty, five dollars, in
order, to secure said debt and costs, of suit, —

*sworn, to [illegible] before, me
the Judge, [illegible] of, the Circuit court, of the [illegible]
County , of St Louis [illegible] 2nd day of Aug 1815. [illegible] [illegible]*

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**Page 5** (0757_005.jpg)
> *Legal Function: Summons*

No 18. St Louis Circuit
Court October Term 1815
Louis Tayon ,
vs.
Extence [illegible]
This is an action on the
case. let a [illegible] and
[illegible] in a
plea, of trespass on the,
[illegible] and [illegible]
for $ 125 [illegible] to
the Plaintiff [illegible]
[illegible]
Let the Sheriff, take bail,
in the sum, of one hun,
dred,[?] dollars 2 augt
1815.

*[illegible]
[illegible]
[illegible] by
[illegible] u. [illegible]*
> *Legal Function: Certificate of Filing*

filed 2nd August 1815

*[illegible]*
> *Legal Function: Certificate of Execution*

Executed, this writ,
2nd August 1815, served this writ by reading the,
same and declaration, to the
Defendant [illegible]

*[illegible] [illegible] Bond \$1.50*

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**Page 6** (0757_006.jpg)
> *Legal Function: Certificate of Filing*

town of s'Louis aforesaid, then second day of [illegible] of [illegible]
the year of our Lord one thousand eight hundred
and sixteen and of our Independence, the fortieth,

*U P Ledue clk SL Ct,[?]*

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**Page 7** (0757_007.jpg)
> *Legal Function: Answer*

Etrian Malbough,[?]
ver
Louis Tayon ,
In the circuit court, Slouis. county,
October Term 1815
And, the said defendant, by his attorney comes,
and defends, the charge of the wrong injury, where [illegible]
he [illegible] and [illegible] in [illegible] in the
said plaintiff, in his said declaration hath alleged, and of
this, he puts, himself on, the court,.

*[illegible]*
for further plea, in this behalf, the said defendant says,
the said plaintiff, of having maintaining, his his, said [illegible]
[illegible] against him ought, to be barred precluded because,
[illegible] that be [illegible] upon himself and promise,
[illegible] and [illegible] of the plaintiffs,
[illegible] in this case to wit within five years next before,
the [illegible] in the year, one eight,
hundred and fifteen,, and this he is ready to verify prove,
[illegible] costs.

*[illegible]*
[illegible] In [illegible] in this behalf the said defendant,
saith [illegible] of having maintaining,
his said action, thereof against her ought, to be barred
precluded because, he says that he did, at the county,
aforesaid, on the [illegible] day of [illegible] one thousand,

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**Page 8** (0757_008.jpg)
eight hundred fifteen, will truly pay satisfy, to the said
plaintiff the said term of many [illegible] ya and this he
is ready to verify , prove wherefore, he prays judg
ment this into

*[illegible]*
[illegible] the plaintiff will [illegible]
law of [illegible] of this territory, the said defendant
will claim as an affect the sum of thirty dollars
one [illegible], and [illegible] lue [illegible] by this said defend
-ant, delivered to said plaintiff as his [illegible] the
sum of sixty dollars, you the [illegible]
line for the span of three years. [illegible]
of the plaintiff and the sum of twenty dollars, you
[illegible] goods wares merchandize, and [illegible] unto
him the said plaintiff by said defendant as his [illegible]
[illegible] and also another sum of sixty
dollars for his work labour service to the
said defendant [illegible] then him [illegible] her [illegible] performed
for the plaintiff,

*[illegible]*

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**Page 9** (0757_009.jpg)
> *Legal Function: Certificate of Filing*

Etrien[?] Malbough
[illegible]
Louis Tayon ,
[illegible]

*Filed, Oct 10th 1815
[illegible]*

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**Page 10** (0757_010.jpg)
> *Legal Function: Amended Complaint*

Louis Tayon ,
[illegible]
[illegible]
In the Circuit Court ,
St Louis County,
may term 1816
And for suplication,[?] to the first
plea, of the defendant above,
pleaded, the plaintiff saith,
he doth, the like

*[illegible]*
And for suplication,[?] to the second,
plea of the defendant above,
pleaded, the said plaintiff, saith
be aught not, to be barred,
precluded from having,
and maintaining his action,
therof against,[?] him the defendant,
because, he saith, that he did
approve, and promise undertake,
upon himself, (in manner, and
form, as in the declaration, as
sanctioned) within five years,
[illegible] the oath of the plaintiff writ, in this case
and this he prays, may be [illegible]
of lay the [illegible]
and [illegible] to [illegible]
[illegible] P.9
and for suplication,[?] to the third,
plea of the defendant above,
pleaded the, said plaintiff, saith that he aught
not to be barred, and precluded,

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**Page 11** (0757_011.jpg)
from having or maintaining,
his action thereof against, him
said defendant, because, he
saith that the said defendant,
did not will, and [illegible] by pay [illegible]
satisfy, the plainteff the said sums,
of money, in the declaration in,
sued, for, as the defendant, in
his, said third plea, has alledged,
and this he prays, may be [illegible] the
[illegible]
P.9

*[illegible] [illegible]*
> *Legal Function: Certificate of Filing*

Louis Tayon ,
[illegible]
Etienne Malbeuf ,
[illegible]

*filed, 8th - May 1816 [illegible]*

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**Page 12** (0757_012.jpg)
> *Legal Function: Bonding Agreement*

Know all men by these presents, That we Etienne, Malbeuf
and Manuel Lisa , are held and firmly
bound unto John W. Thompson , sheriff of the county of St. Louis , his assigns or successors
in office, in the sum of one hundred, dollars [illegible]
currency of the United States , to which payment well and truely to be made, we bind our-
selves and each of us by himself, our and each of our heirs, executors, administrators and
assigns, firmly by these presents. Sealed with our seals and dated this 2d day of
August in the year of our Lord one thousand eight hundred and fifteen
The condition of the above obligation is such, That if the above bound Etienne,
Maulbouf[?] shall appear at the next circuit court, to be held at the town of St. Louis , on the
second mon,day in october, next to answer unto Louis Tayon in,
a plea of trespass, on the Case, to the damage of the said Louis Tayon ,
One hundred twenty, five dollars,
and if judgment be given against him at that or any subsequent term of said court, that
the said Etienne Malbeuf , will pay the
aforesaid and costs, or the amount of the condemnation of the court, or surren-
der myself, in execution thereof, or that the said Manuel , Lisa
will do it for him; then the above obligation to be void, else to remain in full force and
virtue in law.

*Signed sealed and delivered
in the presence of
Etienne, his X mark Maulbout,[?]
Mannel Leia*

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**Page 13** (0757_013.jpg)
> *Legal Function: Subpoena*

Territory Of Missouri , County Of St St. Louis sct.
The United States of America to Margaret Benoit, let Seraphim
Greeting:
You are hereby commanded
that setting aside all manner of excuse and delay you be and appear in proper
person before the judge of our circuit court on the Tenth day of April next,
at the town of St. Louis , then there to testify and the truth to say in a certain mat-
ter of controversy now pending in our said court, wherein Louis Tayon
is plaintiffs and Etienne Malbeuf , defendant, on the
part of the defendant, and have you then there this writ.

*Witness Mary P Leduc Clerk,[?]
of our court at the town of St St. Louis this 27th day of
November in the year of our Lord, one thousand eight hundred and
fifteen and of the Independence of the United States , the fortieth,
[illegible] Clerk of St. L . C. C.*

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**Page 14** (0757_014.jpg)
> *Legal Function: Certificate of Filing*

S'Louis Circuit court
April Term 1816
Louis Tayon
vs
Eteinne Malbeuf ,[?]
[illegible]
[illegible] for
Margaret Benoit
Seraphim,
St Louis
10th April 1816

*Executed
[illegible] [illegible]
[illegible] [illegible]
[illegible] -33
[illegible]*

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**Page 15** (0757_015.jpg)
> *Legal Function: Subpoena*

Territory Of Missouri , County Of St. sct. The United States of America to Marguerite Benoit, let Seraphim,
Greeting:
You are hereby commanded
that setting aside all manner of excuse and delay you be and appear in proper
person before the judge of our circuit court on the Eight day of may
at the town of St St. Louis , then there to testify and the tuth to say in a certain mat-
ter of coatroversy now pending in our said court, wherein Louis Tayon
is plaintiff and Etienne, Malbeuf defendant, on the
part of plaintiff and have you then there this writ.

*Witness Mary Philips Leduc Clerk,[?],
of our said court at the town of St St. Louis this 29th day of
April in the year of our Lord, one thousand eight hundred and
sixteen and of the Independence of the United States , the fortieth,
M. P. Leduc ,[?] Clerk of St. L . C. C.*

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**Page 16** (0757_016.jpg)
> *Legal Function: Certificate of Execution*

St , St. Louis Circuit Court
May term 1816
Louis Tayon
vs
Etienne Malbeuf ,
[illegible]
[illegible] for
Margaret Benit le
Seraphim,
St , Louis
8th-may

*Executed
[illegible]
[illegible]
[illegible]
Loias for [illegible]*

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**Page 17** (0757_017.jpg)
> *Legal Function: Summons*

Territory Of Missouri , County Of St Louis sct. The United States of America to The Sheriff of Louis [illegible] Greeting.
You are hereby commanded to summon, Morgant Benoit St Seraphim,
that setting aside all manner of excuse and delay she, be and appear in proper
person before the judge of our circuit court on the fifth day of August next
at the town of St St. Louis , then there to testify and the truth to say in a certain mat-
ter of controversy now pending in our said court, wherein Louis Tayon ,
is plaintiff and Etienne Malbeuf , defendant, on the
part of the defendant, and have you then there this writ.

*Witness Mary P Leduc ,[?] Clerk
of our court at the town of St St. Louis this 17th day of
June in the year of our Lord, one thousand eight hundred and
Sixteen and of the Independence of the United States , the fortieth,
M. P. [illegible] Clerk of St. L . C. C.*

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**Page 18** (0757_018.jpg)
> *Legal Function: Certificate of Execution*

Saunt Louis Circuit
Cour August Term
1816
Louis tayon
vs
Etienne Malbeuf ,
Subp for Margaret ,
Bunoit St Seraphim,
on 5th day of
august 1816

*Executed
Jn. W Thompson shff
service, 33
E. Lucas for plff*

Item sets: All Circuit Court Records; Circuit Court Cases; Lewis & Clark / Corps of Discovery Case Files, 1805 - 1837

Louis Tayon V. Etienne Malbeuf. 1805, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60576