Bank of Missouri v. William Clark
Item
Bank of Missouri V. William Clark. 1824, St. Louis Circuit Court Historical Records Project, accessed October 5, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60682
- Case Title
- Bank of Missouri v. William Clark
- Series
- Lewis and Clark
- Plaintiff
- Bank of Missouri
- Defendant
- Clark, William
- Date Filed
- 1824-02-14
- Filing Date
- 1824-02-14
- Plaintiff’s Attorney
- Strother, George French
- Defendant’s Attorney
- Magenis, Arthur L.
- Court Name
- St. Louis Circuit Court
- Court Term
- 1826-03
- Clerk
- Gamble, Archibald
- Sheriff
- Walker, John K.
- Simonds, John
- Mc[unclear], John
- Simpson, R.
- Sworn Declarant
- Riddick, Thomas F.
- Bompart, Louis
- Cause of Action
- Trespass
- Case Notes
- Concerns note written by James Kennerly.
- Case Number
- 18
- Identifier
- ccr1826.06910.012
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Bank of Missouri v. William Clark**
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**Page 1** (6910_001.jpg)
> *Legal Function: Plaintiff's Complaint*
State of Missouri
County of St Louis
Sct. In the Circuit Court
March Term 1826.
The president & directors & Company of the Bank of Missouri
by Strother their attorney complains of William Clark
of a plea of trespass on the case upon promises
For that whereas James Kennedy heretofore to wit
on the twelfth day of July in the year of our
Lord eighteen hundred and twenty two at St Louis
in the County aforesaid made his certain note
in writing commonly called a promisory[?] note
which is to the court now shown by which said
note he the said Kennedy by the name & description
of Jos Kennedy then and there promised to pay sixty
days after the date thereof to the said William Clark
or order the sum of one thousand dollars for
value received payable and negotiable without
defalcation at the Bank of Missouri And the said
William afterwards to wit on the day and year aforesaid
at the county aforesaid at the county aforesaid by the name and discription of William Clark endorsed the said
note in writing, by which said endorsement he the
said Clark then and there ordered and appointed
the said sum of money in the said note specified
to be paid to the said plaintiff And the said
plaintiff in fact say that afterwards when the said
note became due and payable to wit on the thirteenth
day of september in the year aforesaid at the county
aforesaid, the said note so endorsed as aforesaid
was presented and shown at the said Bank of Missouri
for payment thereof and payment of the said sum
of money therein specified was then and there duly
required according to the [illegible] and affect of the said
promisory[?] note but that neither the said Kennedy
nor any other person or persons on behalf of the
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**Page 2** (6910_002.jpg)
said James did or would at the said time when the
said note was so presented and shown for payment
thereof as aforesaid or at any other time before or
afterwards pay the said sum of money therein
specified or any part thereof but wholly neglected
and refused so to do of all which said several
premises the said Clark afterwards to wit on the
day and year last aforesaid at the county afore
said had notice by means whereof the said Clark
then and there became liable to pay to the said
plaintiff the said sum of money in the said
note specified when he the said Clark should be
thereunto afterward requested and being so liable
he the said clark in consideration thereof afterwards
to wit on the day and year last aforesaid
at the county aforesaid, undertook and then and
there faithfully promised the said plaintiff to pay
them the said sum of money in the said note
there unto afterwards requested.
And whereas also the said William Clark afterwards
to wit on the first day of January in the year of
our Lord eighteen hundred and twenty six at
the county aforesaid, was indebted to the said plaintiff
in the further sum of eighteen hundred dollars
lawful money of the United States for so much
money by the said Clark before that time had
and received to and for the use of the said
plaintiff And being so indebted he the said
Clark in consideration thereof afterward to wit
on the day and year last aforesaid at the
county aforesaid undertook and then & there
faithfully promised the said plaintiff to pay
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**Page 3** (6910_003.jpg)
then the said last mentioned sum of money
when he the said Clark should be thereunto
afterwards requested
Nevertheless the said Clark /although often requested
so to do/ has not paid the said plaintiffs the said
several sums of money or either of them or any
part thereof, but he to pay the same has hitherto
wholly neglected and refused and still neglects
and refuses so to do. To the damage of the said
plaintiffs of eighteen hundred dollars, and
therefore they sue &c.
*F. Strother
pro. que*
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**Page 4** (6910_004.jpg)
> *Legal Function: Summons*
The State of Missouri
County of St Louis ss. To the Sheriff of said County
Greetings
We command you to summon William Clark
that he be and appear before the judge of our Circuit
Court at the next term thereof to be held at the city
of St Louis within and for the County of St Louis on
the fourth Monday in March next then and there
to answer unto the President Directors and Company
of the Bank of Missouri of a plea of trespass on
the case to the damage of said plaintiff of eighteen
hundred dollars. and have you then there this wit
*Witness Archilbald Gamble Clerk of
our said Court at office this 14th day
of February 1826. Archibald Gamble Clerk*
> *Legal Function: Caption*
No 18 March Term 1826
The President, directors and
Company of the Bank of
Missouri who sue to the
use of the United States
vs
William Clark [illegible]
nar.
This is an action of [illegible]
damage $ 1800= The clerk
will issue a sum money
*Strother
pro.que. Filed February 14th 1826 A Gamble
Clk*
> *Legal Function: Certificate of Execution*
Executed this writ on William Clark February 28th 1826, in
the City of St Louis , by leaving an attested copy of the writ and
Declaration at his dwelling house, with George H .Kinnerly a free white
Person above the age of 15 years and a member of the family, and
informed him of the contents thereof
*John K. Walker Sheriff
By J Simonds[?] jr Dp[?] Sheriff Service $ 1.00*
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**Page 5** (6910_005.jpg)
> *Legal Function: Defendant's Plea*
In the Circuit Court
March Term 1826
Wm Clark
ad
[illegible]
President Director Co
of Bank of Missouri
And the said William by his
attorney comes and defends the wrong and injury when
& C. and says that he did not undertake and
promise in manner and form as the said plaintiff
have above thereof complained against him
and of this he puts himself upon the County
And the plaintiff likewise Magenis
*Strother pq. atty for Dft[?]*
> *Legal Function: Notice*
Mr Strother the attorney of the above named
plaintiffs will take notice that the above named
defendant on the trial of this cause will give
in evidence and insist that the above named
plaintiffs before and at the time of the commence
ment of this suit was and still is indebted to
the said defendant in the sum of two thou
sand dollars good and lawful money of the
United States for so much money by the said
defendant before that have lent and advanced
to the said plaintiff and at his instance in
stance and request and in the further sum
of two thousand dollars like lawful money as
aforesaid for so much money by the said plain
before that time had and received to the use
of the said defendant. And that the said
defendant will set off and allow to the said
plaintiff so much of the said sum of her
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**Page 6** (6910_006.jpg)
thousand dollars so due and owing from
the said plaintiff to the said defendant
against any demand of the said plaintiff
to be proved on the said trial as will be
sufficient to satisfy and discharge such
demand according to the form of the statute
in such case made and provided dated
this first day of April in the year one
thousand eight hundred and twenty six
*Your obt svt[?]
A. S. Magenis
atty
for deff[?]*
> *Legal Function: Caption*
President Director
& Co of Bank of Missouri
vs
Wm Clark
Plea [illegible]. A.
notice of [illegible] [illegible]
Magenis
atty
for Deft
*filed April 1st
1826 A G Clk W.A.& opend &
Notice of [illegible] [illegible]*
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**Page 7** (6910_007.jpg)
> *Legal Function: Summons of Thomas Riddick and Louis Bompart*
County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St Louis County....Greeting.
You are herby commanded to Summon Thomas Riddick Louis
Bompart [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 forthwith day of at the city 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 The
Bank of Missouri is plaintiff, and
Wm Clark is defendant, on the part of the
and have you then there this writ.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this fourth day of August
in the year of our Lord, one thousand eight hundred and twenty Six A Gamble Clerk, C. C.*
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**Page 8** (6910_008.jpg)
> *Legal Function: Certificate of Service*
Served this writ on Louis Bompart on the 9th August
[illegible] on Thomas F Riddick on the 19th August 1896
*Jn[?] K . Walker
By [illegible] [illegible] [illegible]
[illegible] fees $ 1*
> *Legal Function: Caption*
July Term 1826
The Bank of
Missouri
vs
William Clark
for
Thos Riddick
Louis Bompart
*forthwith for
Plaintiff*
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**Page 9** (6910_009.jpg)
> *Legal Function: Summons of Thomas F. Riddick and Louis Bompart*
County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are herby commanded to Summon Thomas F Riddick & Louis Bompart
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Cir
cuit Court, on the fifth day of December at the city 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 The Bank of Missouri is plaintiff, and William Clark
is defendant, on the part of the Plaintiff and
have you then there this writ.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this Twelfth day of October
in the year of our Lord, one thousand eight hundred and twenty Six Archibald Gamble Clerk, C. C.*
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**Page 10** (6910_010.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ on Th F Roddick[?] Oct. 16. on Louis
Bompart Oct 18 1826 by reading to them the same
*R Simpson dshff Fees $ 1*
> *Legal Function: Caption*
St St. Louis Circuit Court
November Term 1826
Bank of Missouri
vs
William clerk
*for
Tho F Riddick
Louis Bompart
for Plaintiff 5th December 1826*
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**Page 11** (6910_011.jpg)
> *Legal Function: Defendant's Attorney's Motion for Attorney's Fees*
Bank of Missouri
vs
Wm Clark
Novr Term 1836
I claim five dollars as
attorney for Defendant in this suit
*A. S.Magesius[?]*
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**Page 12** (6910_012.jpg)
> *Legal Function: Caption*
18 March 1826
Bank of Missouri V. William Clark. 1824, St. Louis Circuit Court Historical Records Project, accessed October 5, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60682