William Clark v. Thomas James

Item

William Clark V. Thomas James. 1810, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60826

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Case Title: William Clark v. Thomas James
Series: Fur Trade
Plaintiff: Clark, William
Defendant: James, Thomas D.
Date Filed: 1810-11-06
Filing Date: 1810-11-06
Plaintiff’s Attorney: Graham, J. A.
Defendant’s Attorney: Easton, Rufus
Court Name: St. Louis County Court
Court Term: 1810-11
Judge: Carr, William C.
Clerk: Riddick, Thomas F.
Sheriff: McKain, A.
Cause of Action: Trespass
Case Notes: William Clark, agent for St. Louis Missouri Fur Company composed of William Clark, William Morrison, Pierre Menard, Andrew Henry, Reuben Lewis, Pierre & Auguste P Chouteau, Sylvestre Labbadie; note for $249.81; damages $300.
Case Number: 36
Identifier: ccr1835.24588.024
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **William Clark v. Thomas James**

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**Page 1** (24588_001.jpg)
> *Legal Function: Complaint*

District of St. Louis P
William Clark agent for the Missiouri
Fur company composed of William Clark , W Morrison, Pierre Menard, Andrew
Henry , Reuben Lewis, Pierre Chouteau, August P.
Chouteau
and Sylvester Labaddie
complain of Thomas James
of a plea of trespass in the case of [illegible]
whereupon the said William Clark saith
that whereas the said Thomas the seventh
day October in the year our Lord one
thousand eight hundred and nine, at
Fort Mannan to wit, at the district afore
said, did make him note in writing, called
a promissary note, with his proper hand subscribed
bearing date the day and year
aforesaid, and that note to the agent of
the Fur company aforesaid said action
by which said note, the said Thomas
did promise to pay the said company
on their order, the sum of Two hundred
and forty nine dollars and eighty one
cents for value received.
By reason where
of the said Thomas became chargeable to
pay the said company the aforesaid sum
of two hundred and forty nine dollars and
eighty one cents according to the terms
of the note aforesaid, and being so chargeable
the aforesaid Thomas afterwards, to wit
the same day and year aforesaid at the
district aforesaid, upon himself did [illegible]
and then and there faithfully promised to
pay the said company the aforesaid sum of Two
hundred and forty nine dollars and eighty one

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**Page 2** (24588_002.jpg)
cents, when he should be [illegible] after
wards required.
Nevertheless the aforesid Thomas ,
his promise and assumption in form aforesaid
made not regarding, the said sum of two
hundred and forty nine dollars and eighty
one cents, or any part thereof to the said
company or their agent, hath not paid,
although to do the same, the aforesaid Thomas
was often required, but the same to the said
William , hath hitherto altogether refused to
pay, and to do the same doth still refuse. To
the damage of the said William against
or aforesaid three hundred dollars and
thereupon he brings said he

*J.A. Graham
Atty pro quarter*
> *Legal Function: Copy of Note*

Copy of note
“In reasons sworn a promise to pay a la
comp des [illegible] Missouri an order la
somme de Beaux Courte quarante neuf [illegible]
quatre veint [illegible]
Fort Manasnnis 7,, 8bre 1809 - Thomas James "
\$249,,81

*Samuel Morrison*

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**Page 3** (24588_003.jpg)
able the aforesaid Thomas to afterwards to wit
the same day and year aforesaid at the
district aforesaid upon himself did assure
and then and there faithfully promised to
pay the said company the aforesaid sum of two hundred and forty nine dollars and eighty one

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**Page 4** (24588_004.jpg)
> *Legal Function: Certificate of Execution*

No. 36
William Clark agt
for Missouri fur Comp
vs
Thomas James
Action on the case

*[illegible] summons
J.A.Graham
atty pro quer*
Executed

*AMcKain Shff*
|   |   |
|---|---|
| [illegible] | 40 cents |
| 41 nts | 2,,0.5 |
| | 2,05 |
> *Legal Function: Summons for Thomas James*

Territory of Louisiana
District of Saint Louis sct The United States of America to the
Sheriff of the district of Saint
Louis Greeting
We command you to summons Thomas James
if he may be found within your bailwick that he be and
appear before the Judges of our court of common pleas to be held
at the town of Saint Louis in and for the district of Saint Louis
on the first Monday of November next then there to answer
unto William Clark agent for the Missouri fur Company
of a plea of trespass on the case to the damage of the said
William Clark agent as aforesaid the sum of three hundred
dollars and have you then there this writ

*Witness the Honbl Silas Bent Esquire residing
judge of our said court at the town of St Louis
aforesaid this third day of September in the year
of our Lord one thousand Eight hundred and ten and
of our independence the thirty fifth Thoff Riddick Clk*

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**Page 5** (24588_005.jpg)
> *Legal Function: Answer*

St. Louis Common pleas
Thomas James
admn
William Clark ag
for Missouri fur
company
The defendant pleads
and says that the court
and process in this case
ought to abate and
be dismissed because
he says that the said action is [illegible]
in the name of William Clark agent
for the Missouri Fur company and the
note on which the said fact is brought
as appears by the said declaration
and a copy of the said note is made
payable to the said company on their
order and this said Thomas is ready
to verify it

*Easton for
Defendant*
> *Legal Function: Affidavit*

Rufus Easton being duly sworn
deposes and says that the facts
stated in the above plea are true

*R. Easton*
> *Legal Function: Notarization*

Sworn to in open court
6th November 1810

*Thoff Riddick Clk*

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**Page 6** (24588_006.jpg)
and the said Thomas for further plea
summons specially to the plaintiffs
declaration and process and shows the
following causes to writ
1 That the names of the members of
the said company are not mentioned
and set forth in the said declaration
and process
2 Because by the laws of the land
the said company cannot sue
or be sued by their agent
3 Because the declaration said process
is informal and wants substance

*Easton for Defendant*
> *Legal Function: Certificate of Filing*

St. Louis Com pleas
Thomas James
admn
William Clark agent
Missouri Fur
Company
pleas
Filed 6th November 1810

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**Page 7** (24588_007.jpg)
> *Legal Function: Summons for Daniel Larrison*

Territoy Of Louisiana , District Of St. Louis sct The United States of America to the Sheriff of St. Louis District - Greeting
You are hereby commanded to summons Daniel Larrison
that setting aside all manner of excuse and delay he be and
appear in proper person before the judges of our Court of common pleas on the
eighth day of March instant [illegible] at the town
of Saint Louis , then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein The Saint Louis
Missouri Fur Company is plantiff and Thomas James
defendant on the part of the defendant and have you
then there this writ.

*Witness the Honorable Silas Bent presiding
judge of our said court at the town of St. Louis the
fourth day of March in the year of our Lord, one thousand eight hundred and eleven and of
the Independence of the
United States the thirty fifth.
Thoff Riddick Clerk of St. L . D . C. P*

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**Page 8** (24588_008.jpg)
> *Legal Function: Certificate of Execution*

St. Louis Com pleas
March Term 1811
Thomas James
vs Missouri
fur Company
subpoena
Non Est

*A McKain Shff
Non Est 50 cent
26*

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**Page 9** (24588_009.jpg)
> *Legal Function: Summons of John Caulter and Solomon Thorn*

Territoy Of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St. Louis
District - Greeting
You are hereby commanded to summons John Caulter and
Solomon Thorn
that setting aside all manner of excuse and delays they be and
appear in proper person before the judges of our Court of common pleas on the
eighth day of March next at the
town of Saint Louis , then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein The Saint Louis
Missouri Fur Company is plantiff and Thomas James
defendant on the part of the defendant and have you
then there this writ.

*Witness the Honorable Silas Bent pre-
siding judge of our said court at the town of St. Louis the
fourth day of March
in the year of our Lord, one thousand eight hudred and eleven and of
the Independence of the
United States the thirty fifth. Thoff Riddick Clerk of St. L . D . C. P*

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**Page 10** (24588_010.jpg)
> *Legal Function: Certificate of Execution*

St. Louis Com pleas
March Term 1811
St. Louis Missouri
fur Company
vs Thomas James
subpoena
Non Est

*A McKain Shff
Non Est 1,,00
26*

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**Page 11** (24588_011.jpg)
> *Legal Function: Summons of Paul L. Chouteau and Duverge D. Villimond*

Territory of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St. Louis District - Greeting
You are hereby commanded to summons Paul Legest Chouteau
and Duverge D Villimond
that setting aside all manner of excuse and delay they be and
appear in proper person before the judges of our Court of common pleas on the
eighth day of March instant at
Saint Louis , then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein The Saint Louis
Missouri Fur Company is plantiff and Thomas James
defendant on the part of the plaintiff and have you
then there this writ.

*Witness the Honorable Silas Bent presiding
judge of our said court at the town of St. Louis the
fourth day of March
in the year of our Lord, one thousand eight hudred and
eleven and of the Independence of the
United States the thirty fifth. Thoff Riddick Clerk of St. L . D . C. P*

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**Page 12** (24588_012.jpg)
> *Legal Function: Certificate of Execution*

St. Louis Com pleas
March Term 1811
St. Louis
Missouri fur Company
vs
Thomas James
subpoena
Executed on Paul Legest
Chouteau the other not found in St Louis District

*A McKain Shff*
|   |   |
|---|---|
| 1 fee | 33 |
| 1 non | 50 |
| | 83 |
cent
26

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**Page 13** (24588_013.jpg)
> *Legal Function: Summons of Solomon Thorn*

Territory Of Louisiana , District Of St. Louis sct . The United States of America to the Sheriff of St. Louis District - Greeting
You are hereby commanded to summons Solomon Thorn
that setting aside all manner of excuse and delay he be and
appear in proper person before the judges of our Court of common pleas on the
Second day of July next at the
town of Saint Louis , then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein The Saint Louis
Missouri Fur Company is plantiff and Thomas James
defendant on the part of the defendant and have you
then there this writ.

*Witness the Honorable Silas Bent presiding
judge of our said court at the town of St. Louis the
third day of June
in the year of our Lord, one thousand eight hudred and eleven and of
the Independence of the
United States the thirty fifth. Thoff Riddick Clerk of St. L . D . C. P.*

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**Page 14** (24588_014.jpg)
> *Legal Function: Certificate of Execution*

St. Louis Com pleas
July Term 1811
St. Louis
Missouri fur Company
vs
Thomas James
subpoena

*Solomon Thorn*
Non Est

*AMcKain Shff
[illegible] 50 cent
26*

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**Page 15** (24588_015.jpg)
> *Legal Function: Summons of John Caulter and Daniel Larrison*

Territory of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St. Louis
District-Greeting.
You are hereby commanded to summons John Caulter & Daniel
Larrison
that setting aside all manner of excuse an delays They & each of them be and
appear in proper person before the judges of our Court of common pleas on the
second day of July next at the
town of Saint Louis then there to testify and the truth to say in a certain
matter of controversy now pending in our said court, wherein The St Louis
Missouri Fur Company is plaintiff and Thomas James
defendant on the part of the Defendant and have you
then there this writ.

*Witness The Honbl Silas Bent presiding
judge of our said court at the town of St. Louis the
Third day of June
in the year of our Lord, one thousand eight hundred and
eleven and of the Independence of the
United States the thirty fifty Thoff Riddick Clerk of St.L . D . C. P.*

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**Page 16** (24588_016.jpg)
> *Legal Function: Certificate of Execution*

St Louis com Pleas
July Term 1811
S Louis Missouri
fur Company
vs
Thomas James
subpoena

*John Caulter
Daniel Larrison*
Executed on John Caulter
Daniel Larrison not in
my District

*A McCain Shff
33 cents 26*

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**Page 17** (24588_017.jpg)
> *Legal Function: Summons of John Caulter and Daniel Larrison*

Territory of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St St. Louis
District-Greeting.
You are hereby commanded to summons John Caulter & Daniel Larrison
that setting aside all manner of excuse in delay they be and appear in proper
person before the judges of our Court of common pleas on the fourth
day of November next, at the town of Saint Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein St Louis Missouri Fur Company is plaintiff and Thomas James
defendant on the part of the Defendant and have you then
there this writ.

*Witness the honorable Samuel Hammond Esquire presiding
judge of our said court at the town of St. Louis , the
Tenth day of October in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States the thirty sixth Thoff Riddick Clerk of St.L . D . C. P.*

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**Page 18** (24588_018.jpg)
> *Legal Function: Certificate of Execution*

St Louis com Pleas
Nov Term 1811
Thomas James
vs
St Louis Missouri
Fur Company
subpoena

*John Caulter
Daniel Larrison*
non Est

*A McCain Shff [illegible] $ 1.00
26
[illegible] Easton*

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**Page 19** (24588_019.jpg)
> *Legal Function: Summons of Solomon Thorn*

Territory of Louisiana , District Of St. Louis sct. The United States of America to the Sheriff of St St. Louis
District-Greeting.
You are hereby commanded to summons Solomon Thorn
that setting aside all manner of excuse an delay he be and appear in proper
person before the judges of our Court of common pleas on the fourth
day of November next at the town of Saint Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein St Louis Missouri Fur Company is plaintiff and Thomas James
defendant on the part of the defendant and have you then
there this writ.

*Witness the honorable Samuel Hammond Esquire presiding
judge of our said court at the town of St. Louis the
tenth day of October in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States the thirty sixth Thoff Riddick Clerk of St.L . D . C. P.*

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**Page 20** (24588_020.jpg)
> *Legal Function: Certificate of Execution*

St Louis com Pleas
Nov Term 1811
Thomas James
vs
St Louis Missouri
Fur Company
subpoena

*Solomon Thorn*
non Est

*A McCain [illegible] Shff
Non Est 50 cents
26
Easton*

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**Page 21** (24588_021.jpg)
> *Legal Function: Bonding Agreement*

10-8-1814
Know all men by then [illegible] that we Thomas
James John G James and Joseph James are
held and firmly bound unto John W . Thompson
Plantiff of the County of Saint Louis or his [illegible]
[illegible] in offer in the sum of four Hundred
Dollars currency of the United States for the
payment to be will and truly made
we bind ourselves over and each of our
being executors administrating and [illegible]
firmly by [illegible] with our
say and Dated this 8th day of October
one thousand eight Hundred and fourteen
the condition of the above obligation is
such that if the above bound [illegible] as [illegible]
shall appear at the next Court of common
plea to be held at the [illegible] of Saint Louis
on the fourth monday in October [illegible]
to answer unto Manuel Lisa Peter Chouteau August
P . Chouteau Sylvester Labbadie[?] William Clarke
William Morrison Pierre Menard Andrew Henry
& Reuben Lewis Hadley[?] and merchants in [illegible]
under the name firm State of the Missouri
Fur Company in a [illegible] of [illegible] the can
to the Damage of the said plaintiff the sum
of Four Hundred Dollars and if Judgment be
at that or any [illegible] of said Court
the said Thomas James will pay the Court and
Condemnation of the Court or surrender himself
in execution thereof, or that the said, John

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**Page 22** (24588_022.jpg)
G. James [illegible] James will do it
for him, then the above obligation to be
void else to remain in full forse
and virtue in Law

*Present
[illegible] Test of Joseph James
M S. [illegible] Thomas James John G James Joseph James
26*

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**Page 23** (24588_023.jpg)
> *Legal Function: Bill of Costs*

St Louis Fur Company
vs
Thomas James
|   |   |
|---|---|
| Clerk | $ 14.90 |
| Sheriff - | 7.92 |
| [illegible] - | 1.00 |
| [illegible] - | 0.40 |
| Attorney - | 6.00 |
| | $ 30.22 |
26

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**Page 24** (24588_024.jpg)

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

William Clark V. Thomas James. 1810, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60826