Bank of Missouri v. William Clark

Item

Bank of Missouri V. William Clark. 1826, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60689

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Case Title: Bank of Missouri v. William Clark
Series: Lewis and Clark
Plaintiff: Bank of Missouri
Defendant: Clark, William
Date Filed: 1827
Filing Date: 1827
Plaintiff’s Attorney: Strother, George French
Defendant’s Attorney: Magenis, Arthur L.
Court Name: St. Louis County Circuit Court
Court Term: 1827-11
Clerk: Gamble, Archibald
Cause of Action: Trespass; Breach of Promissory Note
Case Notes: Suit brought by the president, directors, and company of the Bank of Missouri; damages $2,000; plaintiff sued to use of United States of America; note made by James Kennerly.
Identifier: ccr1827.04689.013
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Bank of Missouri vs. William Clark**

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**Page 1** (4689_001.jpg)
> *Legal Function: Plaintiff's Complaint*

St. Louis county In this circuit Court Nov. Term 1827
The president administrators and company of the
of bank of Missouri who seem to the use and for the
benefit of the united states of America complain
of William Clark on of a plea of trespass on the court
For that whereas James Kennedy into for to
wit on the twelflth (12) day of July in the year
1822 at St Louis county aforesaid much his certain
note in writing, which is insomuch called a [illegible]
[illegible] note which is [illegible] to the event now shows
by which said note he the said James then and
there summuned[?] to pay sixty days after the date [illegible]
to this said. William Clark or order [illegible] [illegible]
dollars for [illegible] and payable and use a teller at
the bank of Missouri in that affection And
in the said Willian Clark to wit on the day &
year foresaid at the county aforesaid [illegible] the
said note in writing by which said document he the
said Willam then and there ordered and appoint
ed the said sum of money in the said note speci
fied to be paid to the said plaintiffs; And the said
plaintiffs in fact say that afterwords when the said
note became due and payable to wit on the 12th
of september in the year aforesaid it the county foresaid
the said note was [illegible] presented and shown at the bank [illegible]
of Missouri for payment thereof and payment of said
sum of money therein specified was then and there
duly required according to the terms and effect of sum
[illegible] any note but that written the said James or [illegible]
other person on behalf of the said James did wounded
at the [illegible] when the said [illegible] note
was so presented & shown for payment thereof as afoursaid
or at any other time before or afterwards pay the said sum
of money therein specified or any part [illegible] thereof but wholly
neglected and refused so to do of all which said several
[illegible] the said William afterwards to wit at the
county aforsaid had notes by means whereof the
said William then and there [illegible] to pay to the
said plaintiffs the said sum of money in the said

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**Page 2** (4689_002.jpg)
note specified when in the said Willam should
be [illegible] afterwords requested and being so [illegible]
to the said Willam in under thereof after
wards to wit on the day and year last afousaid at
the county of St Louis undertook and then and there
faithfully promised the said plaintiff to pay him
the said sum of money when he the said William
should be thereunto afterwords requested
And whereas afterwords to wit on the same day on
year first aforesaid and at the> county of St. Louis aforsaid the said
James first aforesaid Kennedy made this other certain promissory
note in writing having date the [illegible] day and
year aforesaid which to the court is now here, herein
by which said note he the said [illegible]
James Kennedy then and there promised to pay sixty
days after the date thereof to the said Willam Clark
or order the sum of seven thousand dollars for [illegible]
in that without [illegible] and payable
at the bank of Missouri and the said Willam
afterwards to wit on the said day and year aforesaid
it the county of St. Louis aforesaid in closed the said
note in writing by which said in document he the
said William Clark then and then in document he the
said William Clark then and there ordered and
opperated the said sum of money in the said
note specified to be paid to the said plaintiffs
And the said plaintiffs over that afterwords; and before
the payment of the said sum of money became
[illegible]
end on the day it becomes due as specified in the said
promissory note to wit on the 12th day september in the
year 1822 at the county aforesaid, the said James
Kennedy was [illegible] and had not [illegible] effects &
rights and property Goods & [illegible] lords [illegible] out of which the said sum of seven
thousand dollars specified in the said promissory note
could be made; nor hath he the said James Kennedy
at any time [illegible] the making of the said promissory
note paid the said sum of money therein specified on
any part thereof not wholly [illegible] and [illegible] to do
by means whereof and by force of the in that
case made and [illegible] the said [illegible] William Clark
then and there because [illegible] to pay to the plaintiffs

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**Page 3** (4689_003.jpg)
> *Legal Function: Plaintiff's Complaint Part 2*

the said sum of money in the said note specified
when he the said William Clark should be there
unto afterwards requested and being so be the
said William Clark in under thereof after
wards to wit on the day and year but for and at
the county of St Louis aforesaid and understood and
then and there faithfully promised the said
plaintiffs to pay them their said sum of money in
the said note specified when thereunto afterwards
requested
And whereas afterwards to wit on the 12th day of July
in the year 1822 at County of St Louis and Kenndy[?] made his [illegible] [illegible] promisory
note in [illegible] hearing date the day and year aforesaid
and [illegible] then and there promised sixty days after the
date thereof to pay to the said William Clark on order
the sum of one thousand dollars for balm reward
at the last of Missouri without [illegible] and
the said William Clark to whomever whose only
the said sum of money in the said note specified
was to be made after the [illegible] of the said note
and before the payment of the said sum of money therein
specified to wit on the day & year aforesaid at the
county of St Louis aforesaid indorsed the said note
by which said indorsement he the said William
Clark then and there ordered and approved the said
sum of money in the said note specified to he [illegible]
to the Plaintiff and then and there at [illegible] the said
note to the said plaintiffs and the said plaintiffs
sums that after to the two the said sum of money in the
said note specified became due and pay all to
wit on the day of in the year at
the county aforesaid he instituted about against the said
James Kenndy[?] on the said promissory note and allowed
payment against the said James Kenndy[?] for the
sum of money specified in the said note with [illegible]
therein and unto to wit at St Louis county aforesaid in [illegible]
that payment of said promissory note might he had
let the said James Kenndy[?] [illegible] he good & [illegible]
lords and thousands by which said judgement could he
satisfied and discharged. By [illegible] whereof and by

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**Page 4** (4689_004.jpg)
by force of the statute in such that case made and
promised the said William Clark then and
there became [illegible] to pay to the said plaintiffs
the said sum of money in the the said note speci
fied, when he the said William Clark should be
thereunto afterwards requested and hung so ill
he the said William Clark in constitution thereof
afterwards to wit on the 12th day of august in the year
1829 at the county aforesaid under took &
then and there faithfully promised the said plain
tiffs to pay them the said of money in the said note
specified when he the said William Clark should
be thereunto afterwards requested
And whereas also the said William Clark after
wards to wit on the same day & year Court aforesaid in the county aforesaid was [illegible]
indebited[?] to the said Plaintiffs in the further sum
\$1000[?] of the lawfull money for somuch money by
the said William Clark upon that had and was
[illegible] to and further [illegible] of the plaintiffs at his spe
cial instance and request and being so indebited
he the said William Clark in [illegible] than
of afterwards to wit on the day & year aforesaid at
St Louis County aforesaid under then & there took and faithfully promised
the said plaintiffs to pay them the last mentioned
sum of money when he the said William Clark
should be thereunto afterwards requested. Yet the
said William Clark and though often requested so to
do hath not yet paid the said several sums mo
ney[?] or any part thereof to the said plaintiffs but so to
do saith hitherto to wholly infused and still doth in
form to the damages of the said plaintiffs \$2000[?]
and therefore they hereing[?] there suit

*Shother pap.[?]*

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**Page 5** (4689_005.jpg)
> *Legal Function: Summons for Defendant*

County of St Louis Ss
The State of Missouri To the Sheriff of St Louis County Greeting
We command you to summon William Clark that hr[?] 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 of
November next then and there to answer unto the President Directors and
Company of the Bank of Missouri who sue to the use and benefit of the
United States of America of a plea of trespas on the case to the damage
of the said plaintiffs two thousand Dollars and have you then there this
writ

*Witness Archibald Gamble Clerk of our said Court
at Office this Second Day of October in the Year One
Thousand Eight Hundred and Twenty seven Archibald Gamble Clerk*

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**Page 6** (4689_006.jpg)
> *Legal Function: Certificate of Execution*

Executed the writ oct 3rd 1827 On Wimll Clark he [illegible] the said
and acknowledges several

*Sum $ 1.00 Sheriff*
> *Legal Function: Caption*

No 32
St St. Louis Circuit Court
November Term 1827
Bank of Missouri
vs
William Clark
This is an action
of trespas on the case
issue on summons
Shother pap[?]

*filed 2nd October 1827 Archd Gamble Clerk*

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**Page 7** (4689_007.jpg)
> *Legal Function: Defendant's Answer*

William Clark
ad
President Director Co
of Bank of Missouri In the Circuit Court
Novr. Term 1827
And the said William
Clark by his attorny[?] [illegible] and defends
the wrong and injury when &c. And say
that he did not undertake and pro
mise in manner and force as the said
President Directors & Company of the
Bank of Missouri have above thereof
Complained against him and of this
he puts himself whom the Country

*Majerius[?] Atty
for Dfn[?]*

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**Page 8** (4689_008.jpg)
> *Legal Function: Caption*

William Clark
ad
President Directors
& Company of the
Bank of Missouri
Plea H. A.
Majerius[?]
Atty for Dft[?]

*filed Dec 1st 1827 A G clk*

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**Page 9** (4689_009.jpg)
> *Legal Function: Summons and Request for Sheriff to Detain Witness*

County Of St. Louis , Sct.
The State of Missouri , To The Sheriff Of County--Greeting:
You are hereby commanded to summon Thomas F Riddick
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 fourth day of April, 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 Thr President Directors Co. of the Bank of Missouri our plaintiffs,
and William Clark is defendant,
on the part of the plaintiffs; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 21s day of
March in the year of our Lord one thousand eight
hundred and twenty Eight Archibald Gamble Clerk C. C.*

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**Page 10** (4689_010.jpg)
> *Legal Function: Caption*

March 1828
Bank Missouri
vs
Wml Clark
for T F Riddick

*[illegible] April*

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**Page 11** (4689_011.jpg)
> *Legal Function: Summons and Request for Sheriff to Detain Witness*

County Of St. Louis , Sct.
The State of Missouri , To The Sheriff Of St Louis County--Greeting:
You are hereby commanded to summon Mol Walker
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 4th day of April , 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 plaintiff,
and William Clark defendant,
on the part of the [illegible] ; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 27th day of
March in the year of our Lord one thousand eight
hundred and twenty eight A. Gamble Clerk C. C.*

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**Page 12** (4689_012.jpg)
> *Legal Function: Certificate of Execution*

Executed the writ on John K Walker March
27. 1828 by his acknowledging [illegible]

*[illegible] 50 [illegible]*
> *Legal Function: Caption*

March 1828
Bank of Missouri
vs
Wm Clark
for Mol Walker
4th april for
PWF[?]

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**Page 13** (4689_013.jpg)
> *Legal Function: Bill of Costs*

Bank of Missouri
to the [illegible] [illegible]
vs
William Clark
In the Circuit Court
March Term 1828
I claim threedollars for
my fee as attorney for defendant in said
cause

*Arthur S. Majerius[?]
atty for Clark*

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

Bank of Missouri V. William Clark. 1826, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60689