Estate of Gabriel Cerre by August Chouteau, Exceutor v. Antoine Delard

Item

Estate of Gabriel Cerre by August Chouteau, Exceutor V. Antoine Delard. 1816, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60581

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Case Title: Estate of Gabriel Cerre by August Chouteau, Exceutor v. Antoine Delard
Series: Fur Trade
Plaintiff: Chouteau, Auguste; Cerre, Gabriel (deceased)
Defendant: Delard, Antoine
Date Filed: 1816-10-12
Filing Date: 1816-10-12
Plaintiff’s Attorney: Hempstead, Edward
Defendant’s Attorney: Benton, Thomas Hart
Court Name: St. Louis Circuit Court
Court Term: 1817-05
Clerk: Leduc, Marie Philip; McGirk, Andrew S.
Sheriff: Thompson, John W.; Carr, A. C.
Sworn Declarant: Chenie, Antoine; Bison, Louis; Forsyth, Thomas; Laroche, Augustus
Cause of Action: Trespass
Case Notes: Account of canoe travel twice yearly through the Peorias to Mackinaw.
Case Number: 2
Identifier: ccr1817.01173.026
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Estate of Gabriel Cerre by August Chouteau, Executor v. Antoine Delard**

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**Page 1** (1173_001.jpg)
> *Legal Function: Plaintiff's Complaint*

Territory of Missouri
County of Saint Louis
Ss.
August Chouteau of the last will and testament of Gabriel Cerre deceased, which
said letters of administration and letter testamentary an now
to the count here their, complains of Antoine Delard of
a plea of Trespass or the law. Ya that the said [illegible]
at the John of saint Louis, and county [illegible] of saint
Louis and within the jurisdiction of this county on the
seventeenth day of June in the Year one thousand
seven hundred & Ninety three. by on certain promissory
note of that doth by him by the name of Ant.
Delard subscribed and to the said Gabriel Cerre then
him delivering, promising to pay to him by the name
and description of [illegible] Carri [illegible] to his order, the
sum of Five Hundred, thirty five lives and Nineteen
[illegible] Six [illegible], equal to the sum of Eighty nine Dollars
and nineteen [illegible] lawfull [illegible] of the united States. Ya
[illegible] of an account to that day.
You the said Defendant though of the
requesting hall was refuse the same sum of money
to pay to the said Gabriel is his before him, and
still doth refuse 1. pay the same to the plaintiff
his execution to the damage of [illegible] plaintiff
in his aforesaid capacity two hundred Dollars
[illegible] the sum

*E Hempstread for Plff*

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**Page 2** (1173_002.jpg)
> *Legal Function: Caption*

No 2
May Term 1817
August Chouteau Ex
of Gabriel Cerre
vs
Antoine Delard
Caps [illegible]
This is an action of
trespass [illegible] to [illegible]
[illegible] fur [illegible] of hang
[illegible] a Captain [illegible] and hour have requiring you
\$200.

*[illegible] Filed 12 oct 1816 M. P. Leduc clk*
> *Legal Function: Summons*

The sheriff will take
Bail for two hundred
dollars.
M. P. Leduc clk
Non Est
J. W . Thompson
Shff [illegible] L. C.
Non Est 50 dts
October 26th [illegible]
1811

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**Page 3** (1173_003.jpg)
> *Legal Function: Defendant's Pleas*

Delard ads. Cerri [illegible]
1. Plea.
Stat. Lim
and the said Antoine Delard by [illegible] his
a attorney, wives is and defind the [illegible] and inquiry
where & where [illegible]. and [illegible] the said [illegible]
chartow [illegible] of the said gabriel pierre, ought not
to have a maintain his said [illegible] thing
against him, because he [illegible], that the said
cause of action in the said declaration mention
ed did not accused to the said plaintiff at
any time in their five years before the exhibition
of the fill of he said plff against him in
this behalf, in manner and form as the
said plaintiff hath above thereof complained
against him the said continue [illegible]: and
this he is ready to verify: wherefore he prays
judgement if the said auguste[?] choteau his
action aforesaid thereof against him ought
to have and maintain.
2. Plea
Sol. ad
diem.
and for further plea in this behalf according
to the statute in that case made and provided
the said [illegible] by this said [illegible] comes and
definds the [illegible] and injury where and when
[illegible]. and says the said august [illegible]
[illegible]. of the said G. [illegible] [illegible] ought not to have
or maintain his said action thereof against
him, because he says that he the said action
Deland on the seventeenth day of June in the
year are thousand seven hundred and ninety three

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**Page 4** (1173_004.jpg)
at the County of St. Louis , [illegible]
to the said [illegible] care she said [illegible]
of among mentioned in the declaration
of the said request choteau[?] against
him, according to the from and effect
of the said from is [illegible] [illegible] therein
named and this he is ready to verify
wherefore he [illegible] judgment of the
said august choteau ought to have
as maintain his aforesaid [illegible]
thereof against him.
3. Plea.
Sol. post
diem.
and the said [illegible] Deland for further
plea in this behalf avoiding to the
stated in that case made and founded
by his said [illegible]. [illegible] and defind the
among and [illegible] where and where [illegible]
and says the said plff his action above
said therefore against him ought not
to have or maintain. Because he
says, that he [illegible] said antoine Deland
after the said seventeenth day of June in
the year one thousand and seven hundred
and ninety three, to wit, on the tenth
day of May in the year one thousand
seven hundred and ninety five, at the
county of St. Louis , paid to the said
submit here the said sum of money
mentioned in the plaintiff declaration

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**Page 5** (1173_005.jpg)
> *Legal Function: Defendant's Pleas*

against him, together with all interest
then due thereon, according to the form
and effect of the said [illegible] [illegible]
and this he is ready to verify wherefore
he prays judgment of the said auguste[?]
choteau[?] his action aforesaid thereof
against him ought to have [illegible] [illegible]

*Benton for Deft.*
> *Legal Function: Plaintiff's Reply*

and the said plaintiffs for replication to the first plea
of the said day defendant saith he ought not is [illegible] [illegible]
and [illegible] any thing in the [illegible] plea to the [illegible]
notwithstanding, because he days that the said defendants
at any time within five years next preceding the date [illegible]
being forth of the plaintiff [illegible] [illegible] [illegible], for five years
was preceding the Twelfth day of October in the Year one
thousand eight hundred & sixteen was about from the
territory of louisiana, and territory of missouri; and [illegible]
the knowledge of the plaintiff written the jurisdiction of
the [illegible] is said [illegible] and this he is ready to verify
[illegible] wherefore he [illegible] judgment for his damages [illegible]
aforesaid

*E Hampstread for Plf*
> *Legal Function: Plaintiff's Reply*

And for replication to the second plea before [illegible]
the said plaintiff with that he ought not to be
[illegible] and [illegible], because he says, that the said
[illegible] did not on the Seventeenth day of June
in the Year one thousand, seven Hundred & ninety
three as the county aforesaid pay and satisfy to the
said plaintiff [illegible] the sum of many [illegible] [illegible] and

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**Page 6** (1173_006.jpg)
this he pay may be enquired of by the Country,
and the debt does the same
Benton
tho [illegible] [illegible] his so the third plea in the behalf the
said plaintiff saith he ought not to be found produces
because he says that the said Defendant did not who
the county aforesaid, on the tenth day of May, one thousand
seven hundred & Ninety five, pay and justify to the said
Gabrial [illegible] [illegible] the sum of money [illegible] for [illegible] and this
he pay may be [illegible] of [illegible] by the Country
and the deft does the same
Benton.

*E Hampstread*
> *Legal Function: Caption*

Antoine Dulard
ads.
Cerre Est.
Pleas
1. State [illegible].
2. Jol. ad diem.
3. Jol. post dienr.

*Filed tuesday 13th May M. P . Leduc Duplication the [illegible]
Day [illegible]*

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**Page 7** (1173_007.jpg)
> *Legal Function: Defendant's Rejoinder*

Delard ads. Cerris [illegible].
Rejoiner in to replication to the first plea.
And the said Antonie Dulard, as to the said replication of
the said plaintiff to the first plea of him the said Antonie
Delard, saith that he said plaintiff ought not by season
of any thing on that replication above alledged to have
or maintain his aforesaid actions agree to him because
he says, that within five years not before the [illegible]
times of the writ of the said plaintiff is this case he
was found in the county of Louis [illegible] County
of Missouri , and within the jerisdiction of the courts
of the [illegible] of the said County, to sent at St. Louis
aforesaid, and this be pays on [illegible] be injured of by
this county.

*Benton for Deft.*

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**Page 8** (1173_008.jpg)
> *Legal Function: Caption*

Deland ads Cerre Est.
Regeindon to Repb.

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**Page 9** (1173_009.jpg)
> *Legal Function: Deposition*

The deposition of Augustus Laroche taken by [illegible] wit to be
read on said [illegible] in the suit defendent in the St. Louis
Circuit Court between Aug. chotean [illegible] of [illegible] on certain
Deland on the part of the Deft.
The said deponent being first duly [illegible] deposeth and saith that
be had known the Deft. Automic Deland since thirty years and
twenty four years of that time on this county. That in the
last of the year 1796 and the beginning of 1797 this deponent and the
and automic [illegible] both [illegible] in the service of the [illegible]
[illegible] cure, deceased, the father in law of Col. Chotean, and
were at that time employed at the pioias that Con. automic
Delard was well able in this time and ever since to pay his debts
that Mc. automic Delard has aesided since twenty one years at
the piore as and that almost every fall and opeing denory the life
of Con Cenre, he Con Cenre was in the habet of passing by
the pioias on his way to & from Mainaum and that he often
saw Mc. cenre and Mc Delard together, and at one time the
whole there, that is the acponent, M. Delard and Mc Cerne
went in three canoes in company to Maconour which was
in the seon 1797 in the month of June and July of that zean,
and that he does not know that Mc Delard has been about
from his home at the Piorias, except when he was made prisoner
in the beginning of the late was. That two years age that is to say
in the year 1315 he deponent came with the said automic Delard
from Maimann and parted from him at the grand and [illegible] in the
Illinois river, what the defendant continued his [illegible] towards
St. Louis and further this deponent saith [illegible] that Mc. Delard
was [illegible] and himself [illegible] to Mc. Gahil Cerxe

*Angoes tin La Laroche
[illegible] Sworn to and subscribed [illegible]
in open court, this 16th Oct 1817 A. S. McGirk Dclk
for M P Leduc Clk*

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**Page 10** (1173_010.jpg)
> *Legal Function: Caption*

Chouteau exec of Cerre
vs
Antoine Delard
Dep. of Laroche

*filed oct. 16th
1817 M. P. Ledue Clk*

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**Page 11** (1173_011.jpg)
> *Legal Function: Bail Bond*

Know all men by these presents, That [illegible] I Antoine delerd[?] as
[illegible] and Nicholas [illegible] [illegible]
as [illegible] 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 Two Hundred Dollars
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 26th day of
October in the year of our Lord one thousand eight hundred and sixteen
The condition of the above obligation is such, That if the above bound Antoine
delerd[?] shall appear at the
next circuit court to be held at the town of St. Louis , on the
first Monday in May next to answer unto August
Chouteau [illegible] of Gabriel [illegible] [illegible]
in a plea of Trespass on the [illegible], to the
Damage of the said August Chouteau in his
said [illegible] two Hundred Dollars
and if judgment be given against him at that or any subsequent term of said court, that
the said Antoine delerd[?] will pay the Damage
aforesaid and costs, or the amount of the condemnation of the court, or surren-
der himself in execution thereof, or that the said Nicholas [illegible]
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

*A. C.. Carr Antoine [illegible]
[illegible] Deschamps his
Nicholas H Lecompte
mark*

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**Page 12** (1173_012.jpg)

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**Page 13** (1173_013.jpg)
> *Legal Function: Subpoena*

Territory of Missouri , County of St. Louis , sct. The United States of America to the Sheriff of said county,
Greeting.:
You are hereby commanded to summon Antoine Chenier
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on the now sitting day of
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 Augt. Chouteau [illegible]
of [illegible] is plaintiff and Antoine delerd[?] defendant, on the
part of the defendant and have you then there this writ.

*Witness Mary P. Leduc , Clerk of our said circuit court, at the town of
St. Louis , this 14th day of October in the year of
our Lord, one thousand eight hundred and 17 and of the
Independence of the United States , the forty [illegible] M. P. ladue[?] Clerk of St. L . C. C. by
A. J. McGirk [illegible]*

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**Page 14** (1173_014.jpg)
> *Legal Function: Caption*

Augt. Chouteau
[illegible]
vs
Antoine Deland
subpoena for
Antoine [illegible]
Executed
J W Thompson
service 33
[illegible]
[illegible]

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**Page 15** (1173_015.jpg)
> *Legal Function: Subpoena*

Territory Of Missouri , County Of St. Louis , sct. The United States of America to the Sheriff of said county
Greeting:
You are hereby commanded to summon Louis Bison
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on the how [illegible] forthwith day of
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 Auguste Chouteau [illegible] of
Gabriel [illegible] is plaintiff and Antoine Delard defendant, on the
part of the defendant and have you then there this writ.

*Witness Mary P. Leduc , Clerk of our said circuit courrt, at the town of
St. Louis , this 21st day of October in the year of our
Lord, one thousand eight hundred and seventeen and of the Inde-
pendence of the United States , the 42nd M [illegible] [illegible] Clerk of St. L . C. C. By
A. J. McGirk [illegible] [illegible]*

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**Page 16** (1173_016.jpg)
> *Legal Function: Caption*

Augt. Chouteau
[illegible] of [illegible]
vs
Antonie delard[?]
Rufus for
Louis Bison
forthwith
executed
J. W. Thompson
Shff
service
sum 33

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**Page 17** (1173_017.jpg)
> *Legal Function: Subpoena*

Territory of Missouri , County of St. Louis , sct. The United States of America to the Sheriff of said county,
Greeting.:
You are hereby commanded to summon Thomas Forsyth as for of the
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on the nov day of setting
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 aug. chotaeu[?] [illegible]. of
G. Gerre is plaintiff and anto in Deland is defendant, on the
part of the dept. and have you then there this writ.

*Witness Mary p. Leduc, Clerk of our said circuit court, at the town of
St. Louis , this 22d. day of Oct in the year of
our Lord, one thousand eight hundred and 17 and of the
Independence of the United States , the M P Leduc Clerk of St. By
A. S. McGirk Clk*

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**Page 18** (1173_018.jpg)
> *Legal Function: Caption*

Chouteau [illegible]. of Cerre
[illegible]
Deland.
Jpa. for Iho. [illegible]
Executed

*J. W . Thompson
Shff service .33 [illegible] 6 .39*

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**Page 19** (1173_019.jpg)
> *Legal Function: Subpoena*

Territory Of Missouri , County Of St. Louis , Sct. The United States of America to the Sheriff of said county,
Greeting:
You are hereby commanded to summon Louid Breejson - August
[illegible]
that setting aside all manner of excuse and delay they be and appear in proper
person before the judge of our circuit court on the twenty forth day of October.
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 Auguste choteau[?] [illegible] of
Coni is plaintiff and And Delaid defendant, on the
part of the plaintiff and have you then there this writ.

*Witness Mary P. Leduc , Clerk of our said circuit court, at the town of
St.Louis , this Sixteenth day of October in the year of
our Lord, one thousand eight hundred and Seventeen and of the
Independence of the United States , the 42nd M. P. Leduc Clerk of St. L . C. C. By
And [illegible] D. [illegible]*

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**Page 20** (1173_020.jpg)
> *Legal Function: Other*

2.50
33
33
39
33
3.88
10
6
4.04
> *Legal Function: Caption*

Aug Chouteau [illegible]
vs subpoena
[illegible] Delard
[illegible] [illegible] 21 [illegible]
Louis Buisson
Auguste LaRoche
for plff
Non est
[illegible]
non [illegible] 50

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**Page 21** (1173_021.jpg)
> *Legal Function: Subpoena*

Territory of Missouri , County of St. Louis sct. The United States of America to the Sheriff of said county
Greeting:
You are hereby commanded to summon Thomas Forsyth
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on the nov day of setting
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 Aug. choteau[?] admr. of
[illegible] [illegible] is plaintiff and antoine delard[?] defendant, on the
part of the defendant and have you then there this writ.

*Witness Mary P. Leduc , Clerk of our said circuit court, at the town of
St. Louis , this 12th day of Oct. in the year of our
Lord, one thousand eight hundred and 17 and the Inde-
pendence of the United States , the M P Leduc Clerk of St. L . C. C. [illegible] A S McGirk Clk*

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**Page 22** (1173_022.jpg)
> *Legal Function: Caption*

Choteau adm
of bare
vs
antoni delard[?]
for [illegible] [illegible] in [illegible]
behalf of the dependant
Executed
A. C.. Carr DShff
for J. [illegible] W. Thompson Shff
service 33

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**Page 23** (1173_023.jpg)
> *Legal Function: Attachment Order*

Territory of Missouri ,
County of St. Louis
sct. The United States of America to the sheirff of the county of St. Louis , Greeting.
We command you [illegible] before [illegible] you you to take [illegible] delard[?]
if he may be found within your bailwick and [illegible] safely keep so that you may have
his body befor the judge of our Circuit Court to be held at the town of St. Louis , within and
for the county of St. Louis , on the first monday - of May - next then there
to answer unto August choteaue[?] Exceutor of gabriel case [illegible]
of [illegible] on the case in a plea
damage of the said August [illegible] in his said county to the
Two hundred Dollers and have you then
there thiw writ.

*Witness the Hon. Marry ledue[?] [illegible] Clrk Esq. presiding Judge of our said court at the town of St. Louis aforesaid, this twenty fifth day of October in the year of our Lord
one thousand eight hundred and sixteen and of the Independence
of the United States of America the forth first M. P . Leduc & Clk. St. L . C. C.*

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**Page 24** (1173_024.jpg)

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**Page 25** (1173_025.jpg)
> *Legal Function: Attachment Order*

Territory of Missouri ,
County of St Louis
sct. The United States of America , to the sheriff of the county of St. Louis , Greeting.
We command you to take Antoni Delard
if he may be found within your bailwick and him safety keep so that you may have
body before the judge of our court of common please Circuit Court to be held at the town of St. Louis . within and
for the county of St. Louis , on the first Monday of November next then there
to answer unto August & Choteau [illegible] of
Gabriel [illegible] [illegible] in a plea
of Trespass on the case. to his Damage
damage of the said August choteau[?] in his Said capacity to the
the sum of
[illegible] [illegible] Dollacy and have you then
there [illegible]

*Witness the Hon. Mary Bleau Clerk Esq. presiding Judge of our said court at the town of St. Louis aforesaid, this
day of October in the year of our Lord
thousand eight hundred and sixteen and of the Independence
the United States of America the forty six M. P. Leduc Clk. St. L . C. C. C. P.*

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**Page 26** (1173_026.jpg)

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