John O'Fallon, William Clark, et. al v. Missouri Fur Company
Item
John O’Fallon, William Clark, Et. Al V. Missouri Fur Company. 1823, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60646
- Case Title
- John O'Fallon, William Clark, et. al v. Missouri Fur Company
- Series
- Lewis and Clark
- Fur Trade
- Plaintiff
- O'Fallon, John
- William Clark, et. al
- Defendant
- Missouri Fur Company
- Date Filed
- 1823-11-06
- Filing Date
- 1823-11-06
- Plaintiff’s Attorney
- Pettis, Spencer
- Defendant’s Attorney
- Spalding, Josiah
- Court Name
- St. Louis County Circuit Court
- Court Term
- 1823-10
- Clerk
- Gamble, Archibald
- Cause of Action
- Tresspass on the case (Promissory Note)
- Case Notes
- Estate of Manuel Lisa; Missouri Fur Company included Thomas Hempstead, Charles Hempstead, Joshua Pilcher, Joseph Perkins, Andrew Dripps, Robert Jones, Andrew Woods, Angus McDonald, William Vanderburgh, Lucian Foutenelle, Moses Carson; damages $6,000.
- Related Project ID
- ccr1823.01196.022
- Identifier
- ccr1823.01195.014
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**John O'Fallon, William Clark, et. al vs. Missouri Fur Company**
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**Page 1** (1195_001.jpg)
> *Legal Function: Plaintiff's Complaint*
[illegible] State of Missouri
County of St. Louis
Circuit Court
June Term 1823
John O. Fallon William
Clark [illegible] Bernard [illegible] Pratle Auguste [illegible] Choteau
and Robert Wash complain of Thomas
Hempstead Charles I. Hempstead Executor &
mary lisa Executing of [illegible] Manuel Lisa [illegible] deceased
[illegible] Joshua Pilcher Joseph Perkins Andrew
[illegible] Dripps Angus W Mc [illegible] Leonard Andrew Woods [illegible] William
H [illegible] [illegible] Lucian [illegible] Fortenelle &
Moses [illegible] B Carson surrving partners of
[illegible] Thomas Hempstead Charles I Hempstead [illegible] Ex.
and mary Lisa [illegible] Ex. of Manual Lisa [illegible] deceased
[illegible] Joshua [illegible] Pilcher Joseph Perkins . J. B. Lenone
Andrew Dripps Robert Jones Andrew Woods
[illegible] Angus W. M. Leonald William [illegible]
[illegible] Lucian [illegible] Fortenelle & modes B. Carson
partners & [illegible] Waders doing business under in name and style
of the missouri Fur Company of a plea
of [illegible] trespass on the case upon promises for
that whereas [illegible] here to for to wit on the nineteenth
day of April in the year Eighteen
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**Page 2** (1195_002.jpg)
hundred and twenty two at St. Louis
to writ at the county aforesaid the said
Defendants together with the said Robert
Jones & the said J. B. Lenone partners and [illegible] waders as aforesaid made their
certain note in writing commonly called a prom
[illegible] -issory note bearing date the day and year aforesaid
and now to the court [illegible] shown by which said
promissory note [illegible] they [illegible] the said [illegible] defendants
together with [illegible] the said Jones & Leonone
then & there promised sixty days [illegible] after the
date thereof to pay to one Thomas [illegible] Hemp
stead or order the [illegible] sum of four thousand
dollars for [illegible] value received [illegible] without [illegible]
negotiable and payable at the Bank of
missouri. And the said [illegible] Thomas [illegible] Hempstead
to whom or to whose order the payment of
the said [illegible] sum of money in the said promissory [illegible] note
specified was to be made after the making of the said
[illegible] promissory note and before the payment of the said
[illegible] sum of money [illegible] shown specified [illegible] to wit on [illegible] the day
and year last aforesaid at the county aforesaid
[illegible] endorsed the said [illegible] promissory note to the [illegible] President
[illegible] & Company of the Bank of Missouri
and thereby then & there ordered and appointed
the said [illegible] sum of money is said [illegible] promissory [illegible] note
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**Page 3** (1195_003.jpg)
specific to be paid to the said President [illegible]
and Company of the Bank of Missouri
And the said President [illegible] and Company
of the Bank of Missouri (by the name and [illegible]
of Thoff [illegible] Riddich Pres. B K Missouri) to whom
or to whose order the payment of the said [illegible] sum of money
in the said promissory note & specified was
by the indorsement aforesaid directed to be made after the
making of the said promissory note and before the payment
of the said sum of money therein specified to
not on the day and year aforesaid at the country aforesaid
indored the said promissory note to the said
Plaintiffs [illegible] by which
said last mentioned indorsement the said President
[illegible] & Company of the Bank of Missouri (by
the name and [illegible] aforesaid) then & there
ordered and appointed the said sum of money in
the said promissory note specified to be paid to
the said Plaintiffs, by [illegible] mums whereof they the
said defendants together [illegible] with the said Jones &
[illegible] Lenone then & there [illegible] became liable to pay to
the said Plaintiffs the said sum of money in
the said promissory note specified according to the
tenor and effect thereof; and being [illegible] so liable
[illegible] the said defendant together with the said
[illegible] Jones & [illegible] Lenone ([illegible] farmers and traders as aforesaid)
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**Page 4** (1195_004.jpg)
in consideration thereof [illegible] afterwards to [illegible] wit on
the day and year aforesaid at the county aforesaid
[illegible] undertook then & there faithfully promised
them the said Plaintiffs to pay then the
said sum of money in the said promissory
note specified according to the [illegible] tenor and effect
thereof
And whereas also the said [illegible] defendants together
such the said [illegible] Jones & [illegible] Lenone , afterwards
[illegible] to wit on the Twenty first day of June and year aforesaid at the
county aforesaid [illegible] indebted to the said Plaintiffs
in the further sum of four thousand dollars
for so much money before that time by the
said plaintiffs and [illegible] & and for the use of the said
defendants together with the said [illegible] Jones & [illegible] Lenone
and at there special instance and requested,
paid laid out and expended; and in the fur
ther sum of four thousand dollars for so much
money by the said Plaintiffs before that time lent
and advanced to the said defendants and the said
[illegible] Jones & [illegible] Lenone and at their like special instance
and request; and on the further sum of four
thousand dollars for so much money by the said
defendants together with the said [illegible] Jones & [illegible] Lenone
before that time had and received to and for
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**Page 5** (1195_005.jpg)
> *Legal Function: Plaintiff's Complaint Part 2*
the use of the said Plaintiffs and being so indebted
they the said Defendants [illegible] together unto
the said Jones and Lenone) [illegible] in consideration
[illegible] thereof afterwards to wit on the day and year
aforesaid at the county aforesaid [illegible] underlook
and then & there faithfully promised them
the said plaintiffs to pay them the said
sums of money aforesaid when they should
be [illegible] thereunto afterwards requested [illegible] [illegible]
the said Defendants and the said Jones & [illegible] Lenone
[illegible] law not paid (at the often requested so to do &
[illegible] altho the said several [illegible] sums of money have been
long since [illegible] due and unpaid) nor [illegible] have
of then paid to the said plaintiffs the said [illegible] several
[illegible] sums of money aforesaid [illegible] or any part thereof
[illegible] but the same to the said plaintiffs to pay the said
Defendants and [illegible] the [illegible] said Jones & [illegible] Lenone [illegible] have
[illegible] witherto wholly refused and the said Defendants
[illegible] still so refuse to the damage of the said
plaintiffs of six thousand dollars and
[illegible] therefore they [illegible] sue &C.
*Pettis
Atty p. q.*
> *Legal Function: Plaintiff's Complaint Part 3*
And whereas also [illegible] afterwards to [illegible] wit on the [illegible] day and year
last aforesaid at the county aforesaid the said Defendants
[illegible] together [illegible] with the said [illegible] Jones & [illegible] Lenone & [illegible] accounted
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**Page 6** (1195_006.jpg)
wish the said plaintiffs of and concerning [illegible] divers
[illegible] other [illegible] sums of money before that time [illegible] due and
owing from the said Defendants and the said [illegible]
and [illegible] to the said plaintiffs and then &
there [illegible] being in arrear and unpaid and upon such
accounting the said Defendants together with the
said Jones [illegible] & [illegible] Lenone were then & there [illegible] found [illegible] in [illegible] anear
and [illegible] to the said plaintiffs in the [illegible] further [illegible] sum
of four thousand
dollars and being [illegible] so found in [illegible] anear [illegible] and indebted
[illegible] they the said Defendants [illegible] with the said Jones & [illegible] Lenone
[illegible] in consideration thereof [illegible] afterwards to writ on
[illegible] the day and year last aforesaid [illegible] undertook
and then & there [illegible] faithfully promised the said
plaintiffs to pay then the said sum of money
where they show be [illegible] thereunto afterwards requested
[illegible] [illegible] the said Defendants [illegible] altho often
requested [illegible] so to do have [illegible] not paid the said plaintiffs
the said sum of money or any part thereof
[illegible] wether [illegible] have [illegible] there of [illegible] them paid the same
[illegible] nor [illegible] have the said Jones & [illegible] Lenone [illegible] paid
but the [illegible] same to the said plaintiffs to pay
[illegible] the [illegible] said defendants and the [illegible] Jones & [illegible] Lenone have
[illegible] hitherto wholly refused and [illegible] neglected
the said Defendants [illegible] should do refuse and neglect
to [illegible] the damage of the said plaintiffs of six
thousand dollars and therefore [illegible] they [illegible] sue &c.
*Pettis Atty
p. q.*
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**Page 7** (1195_007.jpg)
> *Legal Function: Plaintiff's Complaint Part 4*
And whereas also the said [illegible] defendants and the said
Jones & [illegible] Lenone [illegible] hereto for to unto or the said nineteenth day
of April in the year eighteen hundred and twenty two
at St. Louis the county St. Louis to wit at the county aforesaid
made their [illegible] certain note in [illegible] writing commonly called
a promissory note bearing date the day and year
afoursaid and now to the court shown by which
said promissory note the said defendants and the said Jones & [illegible] Leonone then & there promised sixty days after
the date thereof to pay to one Thomas [illegible] Hempstead
or order the sum of four thousand dollars for value
received without [illegible] defalcation negotiable and payable at the Bank of Missouri and the said Thomas [illegible] Hempstead to whom
or to whose order the payment of the said sum of money
in the said promissory note specified was to be made after the
maring of the said promissory note and before the payment
of the said sum of money therein specified to [illegible] wit on the day
and year last aforesaid at the county aforesaid
in[illegible] dorsed the said promissory note to the [illegible] Thomas Reddieth
(by the name and [illegible] decerption of [illegible]
[illegible] Prs B K Missouri) by which said [illegible] indorsement the
said Thomas [illegible] Hempstead then & there ordered and
appointed the said sum of money in the said promissory
note specified to the said Thomas [illegible] Riddieth (by
the name and [illegible] deserption aforesaid) And the said Thomas
[illegible] Reddieth by the name by the name and [illegible] aforesaid,
to whom or to whose order the payment of the said
sum of money in the said promissory note specified
[illegible] was by the [illegible] indorsement aforesaid [illegible] to be made
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**Page 8** (1195_008.jpg)
after the making of the said promissory note and before
the payment of the said sum of money therein specified
to [illegible] wit on the day and year last aforesaid at
the county aforesaid [illegible] indorsed the said promissory
note to the said Plaintiffs by which said [illegible] indorsement
the said Thomas [illegible] by the name &
[illegible] deserption aforesaid then & there ordered and
appointed the said sum of money in the said promissory
note specified to be paid to the said Plaintiffs
and the said Plaintiffs over that [illegible] afterwards to
[illegible] wit on the twenty first day of June on the year aforesaid
at the Bank of Missouri aforesaid the said promissory
note [illegible] was duly presented and [illegible] shown to and at the Bank
aforesaid for [illegible] payment thereof and payment of the said
sum of money [illegible] therein specified was then & there duly required
according to the [illegible] tenor and effect of said promissory
note, but that [illegible] neither the [illegible] said bank of Missouri [illegible] nor
the said [illegible] defendants or the said Jones & [illegible] Leonone nor any
other person or persons on behalf of [illegible] them and or would at
the said time when the said promissory [illegible] note was so presented
and shown for payment thereof as aforesaid [illegible] or at any
other time before or [illegible] afterwards pay the said sum of money
therein specified or any part thereof but wholly negleted
and refused so to do; of all which said By means whereof
the said [illegible] defendants and the said Jones & [illegible] Leonone then &
there [illegible] became liable to pay to the said Plaintiffs the
said sum of money in the said promissory note specified
when they [illegible] the said [illegible] defendants and the said Jones & [illegible] Leonone
should be [illegible] thereunto afterwards requested and [illegible] being
[illegible] so liable they the said [illegible] defendants and the said Jones
& [illegible] Leonone in [illegible] thereof [illegible] afterwards to [illegible] wit
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**Page 9** (1195_009.jpg)
> *Legal Function: Plaintiff's Complaint Part 5*
on the day and year [illegible] last aforesaid at she county
aforesaid undertook and then and there faithfully
promised the said plaintiffs to pay their the said
sum of money in the said [illegible] promissory
note specified when they the said Defendants
and the said Jones & [illegible] Leonone should be there unto afterwards
requested [illegible] the said Defendants and
the said Jones & [illegible] Leonone altho often requested
so to do, have not nor had when of them paid
to the said Plaintiff the said sum of money in the
said [illegible] promissory not specified or any part thereof
but the sum to the said Plaintiff to pay the said
Defendants and the said Jones & [illegible] Leonone have [illegible]
to [illegible] wholly neglected & refused and the said Defendants still do
neglect & refuse to the damage of the said Plaintiff of
six thousand dollars and therefore they sue & C.
*Pettis Athy
P.q.*
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**Page 10** (1195_010.jpg)
> *Legal Function: Caption*
192
St St. Louis Circuit Court
October Term 1823
John [illegible] O [illegible] Fallon
& others
vs
Missouri Fur Company
[illegible]
This is an action of trespass on the case upon promises
Damage \$6,000
Let a summons [illegible] for
*Petter
[illegible] Atty A Gamble Clk filed 6th Nov 1823 A.Gamble Clk*
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**Page 11** (1195_011.jpg)
> *Legal Function: Defendant's Answer - Demurrer*
In the Circuit Court St. Louis County
John O Fallon William Clark Bernard [illegible] Pralte
[illegible] August [illegible] Chouteau & Robert Nash
Joshua [illegible] Pilcher vs An [illegible] Woods & [illegible] [illegible] Mc Donald
[illegible] Thomas [illegible] Hempstead Charles Hempstead
Ext of Manuel Lisa decd. St. Mary Lisa [illegible] of
[illegible] Manuel Lisa decd. which said [illegible] Thomas [illegible] Charter
and Joshua Pitcher. [illegible] Woods and [illegible] [illegible] [illegible] Donald
are impleaded [illegible] much
[illegible] [illegible]
William H
Van der berg to [illegible] [illegible] Moses B
Cansen
And the said Defendants Joshua Andrew & [illegible] August and, Thomas Hempstead , [illegible]
I Hempstead Execute & Mary Lisa [illegible] Ex of [illegible] Manuel Lisa
decd [illegible] impleaded as aforesaid - come by then [illegible] Attorney
and defend the [illegible] & Injury when [illegible] or [illegible] are
of said [illegible] promissory in said declination mentioned
[illegible] is read to them in these words
> *Legal Function: Defendant's Answer - Demurrer Part 2*
St Louis April 19. 1822
Sixty days after [illegible] date we promise to pay to [illegible] Thomas [illegible] Hempstead on order four thousand Dollars
for value [illegible] received without defalcation negotiable and payable
at the Bank of Missouri (Signed) [illegible] Thas Hempstead
ac `p [illegible]
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**Page 12** (1195_012.jpg)
[illegible]. [illegible] Tho Hempstead -
[illegible] Tho Hempstead ac - P m 26
[illegible] Thoff [illegible] Reid dick [illegible] Pis Prk Miss
which being read [illegible] & heard said Defendants
say that they did not promise [illegible]
in [illegible] [illegible] as they said plaintiffs have
there of above in their said declaration complained
agreement them & of this said Defendants do
put [illegible] upon the County [illegible]
*Fams Spalding for Dfts*
> *Legal Function: Caption*
[illegible] Prk [illegible] Marker
vs
Thomas Hempstead [illegible]
plea nor [illegible]
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**Page 13** (1195_013.jpg)
> *Legal Function: Subpoena for William Hempstead*
State Of Missouri ,
County of St. Louis , Sct. To the Sheriff of St. Loius county—Greeting.
You are hereby commanded to Summon [illegible] Wm Hempstead & [illegible]
that setting asie all manner of excuse and delay they be and appear in proper person before the Judge of our circuit
court on the fourteenth day ofat the town of St. Louis , then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein [illegible] O Fallon
[illegible] & others are plaintiffs,
and [illegible] Missouri Fur Company are defendants on the part of
the plaintiff and have you then and there this writ.
*Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 2nd day of August in the
year of our Lord, one thousand-eight hundred & 25 A Gamble Clerk, St. L . C. C.*
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**Page 14** (1195_014.jpg)
> *Legal Function: Certificate of Execution*
Executed on
E F. [illegible] Hempstead
& [illegible] Wm Hempstead
on the 2nd Augt.-
1826-
*Jnr. K Walker
plff fees $ 100*
> *Legal Function: Caption*
July 1823
In O Fallon [illegible] to they
vs
[illegible] Missouri Fur [illegible] C
*for Wm. Hampstead
E. S. Hampstead
forthwith*
John O’Fallon, William Clark, Et. Al V. Missouri Fur Company. 1823, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60646