John N. Lavillebeuvre and William D. Walton v. Peter Powell and Joseph Powell
Item
John N. Lavillebeuvre and William D. Walton V. Peter Powell and Joseph Powell. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60840
- Case Title
- John N. Lavillebeuvre and William D. Walton v. Peter Powell and Joseph Powell
- Series
- Fur Trade
- Plaintiff
- Lavillebeuvre, John N.
- Walton, William D.
- Defendant
- Powell, Peter
- Powell, Joseph
- Date Filed
- 1835-10-24
- Filing Date
- 1835-10-24
- Plaintiff’s Attorney
- Spalding, Josiah
- Defendant’s Attorney
- Polk, Trusten
- Court Name
- St. Louis Circuit Court
- Court Term
- 1835-11
- Judge
- Rawls, Edward
- Schaumburgh, Charles, S.
- Clerk
- Gamble, Archibald
- Ruland, John
- Hyde, George A.
- Hoxie, Joseph
- Justice of the Peace
- Kirtland, Ambrose
- Sheriff
- Brotherton, James
- Brotherton, Marshall
- Hammond, George
- Gordon, J.
- McClung, Joseph W.
- McKnight, William S.
- Taylor, William S.
- Sworn Declarant
- Beebe, Edward H.
- Beebe, Edward S.
- Hill, James B.
- Rule, William K.
- Stewart, Thomas J.
- Stuart, Thomas J.
- Wilson, John H.
- Lavillebeuvre, Thomas P.
- Stephenson, Young
- Cause of Action
- Assault
- Case Notes
- Plaintiffs doing business as Lavillebeuvre & Walton in New Orleans; depositions from New Orleans & New York; note made at mouth of White River, Arkansas, from John Coates to Lorenzo N. Clark for furs & peltries to be shipped to St. Louis; steamboat.
- Disposition
- Verdict for Defendant
- Case Number
- 92
- Identifier
- ccr1835.27533.138
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**John N. Lavillebeuvre and William D. Walton v. Peter Powell and Joseph Powell**
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**Page 1** (27533_001.jpg)
> *Legal Function: Certificate of Filing*
No 92 November Term 1835
St. Louis Circuit Court
John N. Lavillebeuvre &
Wm D. Walton
vs.
Peter Powell &
Joseph Powell
[illegible].
[illegible] [illegible] $ 3000.
Issue [illegible]
*J. Spalding
atty filed 24th October 1835 Archibald Gamble Clerk*
---
**Page 2** (27533_002.jpg)
> *Legal Function: Summons for Peter Powell and Joseph Powell to Appear*
County of Saint Louis ss
The state of Missouri To the sheriff of the county of Saint Louis greeting
We command you to summon Peter Powell and Joseph
Powell that they 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 Saint Louis on the Second Monday of
November next then and there to answer unto John N. Lavillebeure[?]
and William D Walton doing business & partners under the
name & Style of Lavillebeuvre & Walton of a plea of trespass on
the case upon promises to the damage of the said plaintiffs
of Three thousand Dollars. And have you then there this
writ
*Witness Archibald Gamble Clerk of our
said Circuit Court at office this twenty
fourth day of October in the year of our
Lord one thousand eight hundred and
thirty five Archibatd Gamble Clark*
> *Legal Function: Certificate of Execution*
Served this writ in the cityof StLouis on the
24th day of October 1835 by offering
read it of the declaration which they
refuse to hear the said defendants Joseph
Powell & Peter Powell & acknowledged the
[illegible] of the same
*James Brotherton
Sheriff Service \$2.00*
---
**Page 3** (27533_003.jpg)
> *Legal Function: Complaint*
St. Louis Cirucit Court for November Term 1835
County of St. Louis Ss John N Labillebeuvre & Wil
liam D. Walton doing business &partnets under the name
&style of Lavillebeuvre & Walton by J. Spalding their attomey
complain of Peter Powell & Joseph Powell of a plea of tre
spass[?] the same upon promises. For that [illegible] [illegible] the said
defendants heretofore to wit on the twenty second day of March in
this year of our Lord one thousand eight hundred thirty four at
the mouth White River to wit at said County, than dealing
as partners under the name of John Boates[?] made their certain promissory note in writing
dated the day and year aforesaid, now hre to the Court
shown and thereby then and there promised thirty days
from the date thereof to pay Lorenzo N. Clark by the
name and description of L N. Clark or [illegible] three
thousand five hundred and ninety five dollars and
eleven cents for value received : & then and there de
livered[?] said note to the said Clark : who then and
there assigned made over and endorsed the same
note to the plaintiffs : by [illegible] whereof the defendants the, and there becuase [illegible] to pay the
said sum of money in said note specified [illegible]
to the tenor & effect thereof and of said endorsment[?]
and being so liable, the defendants in considera-[?]
tion thereof afterwards to wit on said day & year
at said place undertook & then there promised
said plaintiffs to pay said sum of money to them according to the tenor &
effect of said note & of said endorsement.
and for that whereas also said defendants heretofore to wit
on the twenty second day of march in the year of our Lord one
thousand eight hundred thirty four at the mouth white River
to wit at said county, there together with [illegible] he [illegible] doing business as partners [illegible]
[illegible], made their certain other promissory
note in writing in the name of John Coates, dated the
day and your aforesaid, which is now here to the Court
shown, & thereby then & there promised thirty days from
the date thereof to pay [illegible] N. Clarke or [illegible]
three thousand five hundred and ninety five dollars and
---
**Page 4** (27533_004.jpg)
said note to [illegible] [illegible], [illegible] [illegible] [illegible] [illegible]
made over and endorsed the same to the plaintiffs
by means whereof the defendants then and there be
came liable to pay said plaintiffs said sum of money
according to the tenor & effect of said note & of said endorsement : I being so liable,, the defendants in
consideration thereof afterwards to wit on said day
and year and at said place undertook & then
and there & there promised said plaintiffs to pay
them said sum of money according to the tenor & ef-
fect of said note and ofsaid endorsement.
and for that whereas also heretorfore[?] to wit on the twenty
second day of march in the year of our Lord one thousand
eighty hundred thirty four at said mouth White River
to wit at said County, one John Coates, was indebted unto one Lorenzo Clark in the amount of a promise
made in writing his promissory note of that date whereby he
promised thirty days from the date thereof to pay Lorenzo N.
Clark or order three thousand five hundred and ninety
five dollars & eleven cents for valvue reserved : which note said
Coates then and there delivered to said Clark who then & there [illegible]
made over and endorsed the same note to the plaintiffs : whereby
the said Coates became & was indebted to the plaintiffs in
the amount ofsaid note of which he afterwards to wit then & there had notice : and the plaintiffs further say that, after
wards to wit then & there the said defendants became and
were indebted unto the said Coates for [illegible] & goods
wares & merchandise by him sold & delivered to them
before them, in the sum of three thousand five hundred
and ninety five dollars eleven cents : and that afterwards
and before any portions of either of the debts in this court
metioned had been paid, to wit on the twenty fourth day
of may in the year of our Lord one thousand eight
hundred thirty four at said county,, it was mutually
agreed by & between the said plaintiffs and the said de-
fendants and the said Coates each with the others,
that the said defendants should pay to said plaintiffs
the said said amount above mentioned in which they
were indebted to said Coates as aforesaid, in satisfaction
of the said debt due from said Coates to said plain
tiffs as aforesaid, they the said defendants well know-
---
**Page 5** (27533_005.jpg)
> *Legal Function: Complaint*
St. Louis Circuit Court for November Term 1838 County of St. Louis Ss: John N. Lavillebeuvre & William D. Wal-ton partners doing business and in the style and form of Lavillebeuvre & Walton by J Spalding their attorny complain of Peter Powell & Joseph Powell reading having & doing business under the style and firm of P J. Powell of a plea of trespass on the case upon promises for that[?]
ing that said Coates was indebted to the plaintiffs as afore-
said: in consideration of which agreement and assent of the
said defendants Coates and said plaintiffs thereto, they the said defendants
then and there undertook and promised the said plaintiffs
that they said defendants would meant to the plaintiffs the
amount of said note by the michigan or Boousbik then
bying at St. Louis : which Michigan & Boonslick were steam
Boats: then soon to leave St. Louis for New Orleans
where the plaintiffs resided. And the plaintiffs in part say
that the said defendants did not remit said amount
of money specified in said note nor any money to the
plaintiffs by said steam Boats or in any other man-
ner: at through said Boats afterwards to wit on the twen-
tieth day of June in the year aforesaid made their
voyage from St Louis to New Orleans : nor have
said defendants paid to said plaintiffs said sum of money
or any part thereof though often [illegible] requested to
do so to wit at said county, or otherwise satis-
fied or dicharged then said assumpsets & agreement,
---
**Page 6** (27533_006.jpg)
> *Legal Function: Complaint*
and For that, whereas, the said defendants heretofore, to wit: on the
first day of october in the year of our Lord one
thousand eight hundred and thirty five at said county were indebted unto said plaintiffs in the
sum of three thousand
dollars, for the work and labor, care and diligence of the said plaintiffs by the said plaintiffs before that time done,
performed, and bestowed in and about the business of the said defendants and for the said defendants and at their
special instance and request: And Also, in the further sum of three thousand
dollars, of like lawful money, for divers goods, wares and merchandise, by the said
plaintiffs before that time sold and delivered to the said defendants and at their like special instance and request:
And Also, in the further sum of three thousand
dollars, of like lawful money, for money by the said plaintiffs before that time lent
and advanced to, and paid, laid out and expended, for the said defendants and at their like special instance and
request: And Also, in the further sum of three thousand
dollars, of like lawful money, for other money by the said defendants before that time had and received to and for the use
of the said plaintiffs; and being so indebted, the said defendants, in consideration thereof, afterwards, to-wit: on the
day aforesaid, at the place aforesaid, undertook, and then and there faithfully promised the said plaintiffs to pay them
the said several sums of money, in this count mentioned, when the said defendants should be thereunto afterwards requested.
And whereas, also, said defendant afterwards, to-wit: on the day and year, and at the county last afore-
said, accounted with said plaintiffs of, and concerning divers other sums of money from the said defendants to the said
plaintiffs before that time due and owing, and then in arrear and unpaid, and upon such accounting the said defendants were
then and there found in arrear and indebted to the said plaintiffs in the further sum of three thousand
dollars, like lawful money, and being
so found in arrear and indebted, said defendants in consideration thereof, afterwards, to-wit, on the day and year last
aforesaid, at said county, undertook, and then and there promised said plaintiffs to pay them said last mentioned
sum of money, when they said defendants should be thereto afterwards requested.
Nevertheless, said defendants, although often requested to do so, have not as yet paid said several sums of
money above mentioned, or either or any part of either of them; or kept their said agreements but to do so have refused, and still refuse: to the damage
of said plaintiffs of three thousand
dollars, and therefore they bring their suit &c
*J. Spalding
atty for plffs*
> *Legal Function: Promise to Pay Costs*
I agree to pay all costs that may accrue
in the wit commenced by above declarations, wit-
ness my hand and seal.
*Wm A [illegible]*
---
**Page 7** (27533_007.jpg)
> *Legal Function: Certificate of Filing*
No 92 St St. Louis Circuit Court
November Term 1835
Peter Joseph Powell
ats
John N. Lavillebeuvre &
Wm D. Walton
Plea general issue
*J. Polk atty for Defts filed Nov 14 [illegible] 1835 AG Clk*
> *Legal Function: Unknown*
clerk Gambles fees \$1-13[illegible]
fee book - 229
Verdict for plaintiffs book 8 page 325 & motion to set aside verdict & continued 412
verdict for defts book 9 page 460 motion for new trial overruled 475
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**Page 8** (27533_008.jpg)
> *Legal Function: Plea to Complaint*
St St. Louis Circuit Court
March Term AD 1835 State of Missouri
County of St Louis ss
[illegible] [illegible] Powell
[illegible] [illegible] Lavillebeuvre
Willian[?] D Walton
And the paid defendants by
T. Polk their attorney come & defend the
wrong &[?] injury when &c and saith that
they did not undertake promise in manner and form
as the said plaintiffs have above thereof complained against these
and of this they put themselves upon the county &c
*T . Polk atty for Defts*
---
**Page 9** (27533_009.jpg)
> *Legal Function: Certificate of Receipt*
Lavillebeuvre & Walton
vs
P.&.J. Powell
notice
Recd a copy of within
this 19th February 1836
from J. Spalding
*Jos Powell*
---
**Page 10** (27533_010.jpg)
> *Legal Function: Notice to Take Depositions on Behalf of Plaintiffs*
John N . Lavillebeuvre &
William D Walton
vs.
Peter Powell &
Joseph Powell
St. Louis Circuit Court .
Take notice that on the 1st day of April in the
year of our Lord one thousand eight hundred and thirty six between the
hours of eight in the forenoon and six in the afternoon, of
that day, at the counting house of Lavillebeuvre &
Walton in the City of New Orleans in the state of
Louisiana
depositions will be taken by the undersigned, to be read on the trail of the
above entiled case, on behalf of the plaintiffs; and that the taking
of said depositions, if not completed on that day, will be continued from day to
day at the same place and between the same hours, until completed.
To the above named defen
dants
*15 Febry 1836 John N . Lavillebeuvre &
Wm D Walton*
---
**Page 11** (27533_011.jpg)
> *Legal Function: Dedimus*
Countyof Saint Louis , Sct.
The State of Missouri , To any Judge or Justice of the Peace or other Judicial officer of the State of Louisiana
Greeting:
We, reposing special trust and cofidence in your integrity and circumspection, do authorize and require you that
you cause to come before you such person or persons as shall be named to you by John N .. Lavillebeuvre
& William D. Walton , their
Attorney or Agent, and him or them ezamine upon his, her or their corporal oath, (to be by you administered,)
touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in our
Circuit Court for the County of St. Louis , wherein said Lavillebeuvre & Walton
are plaintiffs and Peter Powell & Joseph
Powell are defendants on the part of the plaintiffs and having
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to-
gether with this commission, enclosed under your seal, to our said Circuit Court , with all convenient speed.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 19th day of Febraury
in the year of our Lord one thousand eighty hundred and thirty-six. Jn. Ruland Clerk C. C.*
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**Page 12** (27533_012.jpg)
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**Page 13** (27533_013.jpg)
> *Legal Function: Certificate of Service*
Served by reading to E S Beebe on the 1st March
1836 in St Louis County
*J Brotherton Shff
by G Hammond Depty service 50 cts*
> *Legal Function: Caption*
March Term 1836.
John N . Lavillebeuvre &
William D. Walton
vs.
Peter &[?] Joseph Powel
*For Pltfs[?]
Edwd S. Beebe 8th Aprl. 1836*
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**Page 14** (27533_014.jpg)
> *Legal Function: Writ and Summons for Edward S. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting
You are hereby commanded to summon
Edward S. Beebe
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 eighth day of April next
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 John N . Lavillebeuvre & William D. Walton are
plaintiffs and Peter and Joseph Powell
are defendants on the part of the
plaintiffs and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 29th day of February
in the year of our Lord one thousand eight hundred and thirty six Jn. Ruland Clerk, C. C.*
---
**Page 15** (27533_015.jpg)
> *Legal Function: Caption*
10 m St St. Louis Circuit Court
March Term 1836
Lavillebeuvre & Walton
vs
[illegible]
Peter & Joseph Powell
*summon
Thomas J. Stuart Dfts*
> *Legal Function: Certificate of Execution*
Executed this writ by reading it to
Thomas J Steward, in the County of St
Louis on the 25th day of March 1836
*James Brotherton Shff
By M Brotherton D Shff service 50*
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**Page 16** (27533_016.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stuart to Appear on the Part of Defendants*
County of St. Louis , sct. State of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon
Thomas J. Stuart
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 Eighty day of April next
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 John N. Lavillebeuvre and William D. Walton are
plaintiffs and Peter and Joseph Powell are
defendants on the part of the
defendants and have you then and then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this Tenth day of March
in the year of our Lord one thousand eight hundred and thirty six Jn. Ruland Clerk, C. C.*
---
**Page 17** (27533_017.jpg)
> *Legal Function: Deposition of Thomas P. Lavillebeuvre and Young Stephenson*
Depositions of Witness produced from and
examined at the County house of
Lavillebeuvre[?] and Walton in the City of
New Orleans and State of Louisiana
before me Edward Rawls, Associate
Judge of the City Court of New Orleans
in a certain cause now pending in the
St. Louis Circuit Court in the State
of Missouri between John N .Lavillebeuvre
and William D.Walton, Plaintiffs and
Peter Powell and Joseph Powell
defendants on the part of the
Plaintiffs
T. P. Lavillebeuvre, of lawfull age, being produced
from and examined on the part of the
Plaintiff deposeth and saith
that the firm of Lavillebeuvre and Walton
is composed J. N. Lavillebeuvre and
William D. Walton -- that the said
firm has existed previous to the year
one thousand eight hundred and thirty
three and [illegible] since.
That the annexed copy of letter
marked AB is truely made from the letter
book of said Lavillebeuvre and Walton
and that the original letter letter
---
**Page 18** (27533_018.jpg)
to P. & J. Powell, St. Louis , from said
firm was copied by this deponent into
the letter book aforesaid.- that said
letter was put aboard a steamboat
for St. Louis deponent beleives, the
Boonslick- and deponent has no intrest
in this cause.
*Thomas P Lavillebeuvre*
> *Legal Function: Certification*
I Edward Rawls Associate Judge of the City
Court of New Orleans, do hereby certify
that Thomas P.Lavillebeuvre, the deponent,
whose pleace of Residence in New Orleans
in the State of Louisiana was by me
sworn to testify the whole truth of his
knowledge touching the matter in
controversey in the cause aforesaid,-
that deponent was examined and his
examination reduced to writing by me
and subscribed by said deponent in my
presence on the third day of May in the
year eighteen hundred and thirty six, between
the hours of eight in the forenoon and
six in the afternoon at the Counting house
of Lavillebeuvre & Walton in the City of
New Orleans in the State of Louisiana .
*Given and certified this third day of April 1836 Edward Rowls
Judge*
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**Page 19** (27533_019.jpg)
> *Legal Function: Copy of Correspondence to Peter Powell and Joseph Powell*
(copy) [illegible] [illegible] 15th May 1834 [illegible] P & J Powell
St Louis
[illegible]
Some time in March
last Mr. Coates at the mouth of white River
purchased a lot of skins for your [illegible]
and wrote us under date of 18th April that you
would remit us the amount by first [illegible]
[illegible] which we have heard no they further
on the subject
We are much disappointed by not receiving
the money, as we have heavy payment to make
on [illegible] of the owner of the skins one a [illegible] you
remit the amount as soon as possible
*respectifully Your [illegible] [illegible]
Lavillebeuvre & Walton AB*
---
**Page 20** (27533_020.jpg)
> *Legal Function: Copy of Correspondence to John N. Lavillebeuvre and William D. Walton*
(Copy) St Louis May 24th 1834 Witness Lavillebeuvre & Walton
Gentlemen
We are in receipt of
your letter of 15th just, apprising us of your having
a note of Mr. Coates which we [illegible] to settle
In regard to the note we should make the
[illegible] by the Michigan or Boonslick nowhere
which will be within the time named to Mr Coates
and we would make the [illegible] the facts of
the case are that Mr Coates made a purchase
of deerskins[?] on our [illegible] tho in doing so he
\>supplied>transcended his instuctions as to price and
assortmnet he gave his note for the purchase
at 30 days on [illegible] the fact we apprised
him, that the skins might be shipped to us on
Certain Conditions, and one of than was, that the
payment would be made within to days from
reciept[?] the persons of whom the purchase was
made, would be well paid of paid within
one year, as the price obtained was 20 percent more
than they could have been sold for at [illegible]
or any other market yet sue [illegible] dispersed to
[illegible] Mr Coats from a responsibility [illegible] [illegible]
had committed an error, in purchasing at the
price he did [illegible] [illegible] by one of the
---
**Page 21** (27533_021.jpg)
Boats we thought the above explanation due,
as you might have concluded that we were
behind our Engagements
*Signed Respectfully Yours
P & J Powell Signed*
> *Legal Function: Copy of Correspondence to John N. Lavillebeuvre and William D. Walton, part 2*
(copy) St. Louis May 31 1834 [illegible] Lavillebeuvre & Walton
Gentlemen
We contemplated when
Mr. Coat wrote you to remit you by this [illegible]
the [illegible] of note in your hands, made by Mr
Jn Coats[?] The non receipt of government funds
which had been onfidently[?] expected to arrive
here this week on which we held claims-has
prevented us from making the [illegible] remittance,
we hope Eve the [illegible] leaves, she is now her
we may be able to remit the amount by her,
we hope this delay of a few days will not
[illegible] much against your interest
*Yours
P & J Powell signed*
---
**Page 22** (27533_022.jpg)
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**Page 23** (27533_023.jpg)
> *Legal Function: Deposition of Thomas P. Lavillebeuvre*
Depositions of witnesses prodiced[?]
sworn and examined at the counting
House of Lavillebeuvre & Walton
in the City of New Orleans and
State of Louisisiana before me, C
W. [illegible] one of the associate
Judges of the City Court of New Or-
leans State of Louisiana in a
certain cause now depending in
the Saint Louis Circuit Court in
the state of Missouri between John
N Lavillebeuvre and William. D Walton
Plaintiffs and Peter Powell and Joseph
Powell Defendants on the part of the
Plaintiffs.
T. Claude Lavillebeuvre of lawful age,
being produced, sworn and examined,
on the parts of the Plaintiff deposeth
and saith that he is well a acquaint-
ed with the hand writing of Lo-
renzo N Clarke that the assignment
on the back of the note, drawn by
John Coates in favor of Lorenzo N.
Clarke, dated White River , March
22d 1834 for the sum of \$3595 payable
---
**Page 24** (27533_024.jpg)
at thirty days after date, and [illegible]
the said assignement law to [illegible]
Lavillebeuvre &[?] Walton [illegible]
of the City of New Orleans [illegible] the
said note marked A C.W.S, being
exhibited to the witness and be
examined said note in the hand
writing of the said Lorenzo N. Clark
and that the said signature to said
assingnments and said note of Lo-
renzo N. Clarke is the genuine sig-
nature of Lorenze. N. Clarke.
*Thomas P Lavillebeuvre*
> *Legal Function: Certification*
I, Chas W.Schaumburgh[?], associate Judge
of the city Court of New Orleans do
hereby certify [illegible] Thos Placide La-
villebeuvre, the deponents whose
place of residence is the City of New
Orleans in the State of Louisiana
was by me sworn to testify the whole
truth of his knowledge touching the
matter in controversy in the cause
aforesaid, that deponant was ex-
amined, and his examination redu-
ced to writing, and subscribed by
---
**Page 25** (27533_025.jpg)
> *Legal Function: Certification*
said deponant in my presence on
the 15th day of April in the years
eighteen hundred and thirty six, be-
tween the hours of Eight in the
forenoon and six of the afternoon,
at the counting house of Laville[?]
beuvre[?] & Walton in the city of
New Orleans, State of Louisiana
*Given and certified, the fifteenth
day of April 1836. C W Schaumburgh[?]
[illegible]*
> *Legal Function: Deposition of Stephenson*
Young Stephenson of lawful age
being produced sworn and exami-
ined on the part of the plain
tiffs deposeth and saith that he
was well acquainted with John
Coats that he also was well ac
quainted with the hand writing
of said John Coates from holding
Bills and receipts in his possession
written and signed by said John
Coates and that this witness does
verily belive the signature to
the
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**Page 26** (27533_026.jpg)
[illegible] to the note descri-
bed in the testimoney of the first
witness and which is exhibited
to the witness is the genuine
signature of the said John
Coates , further that the witness
has heard that said John Coates
is dead and has every reason to
believe that he is really deseased
*Young Stephenson*
> *Legal Function: Certification*
I Chas W. Stephenson one of the
associate Judges of the City Court of
New Orleans do hereby certify that
Young Stephenson, the deponent
whose place of residence is New
Orleans in the state of Louiscaua
[illegible] [illegible] [illegible] sowrn to testify the whole
truth of his knowledge touching the mat-
ter in controversy in the cause afore-
said that deponant was examined, and
his examination reduced to writing and
subscribed by said deponants in my pre-
sence on the 18th day of april 1836, between
the hours of 8 in the forenoon and 6
of the afternoon at the country house of
Lavillebeuvre & Walton in the City of New Orleans
state of Louisana.
*Given and certified, the
15 April 1836 [illegible] [illegible] [illegible]*
---
**Page 27** (27533_027.jpg)
> *Legal Function: Certification*
I Chas. W. Schaumburgh[?], one of the
associate Judges of the City Court
of New Orleans,, State of Louisiana
do certify, that in pursuance of
the [illegible] commission and
notice, cause before me at the
Counting House of Lavillebeuvre
& Walton in the city of New Orleans
and State of Louisiana . Thomas
P.Lavillebeuvre and Young Stephen
son, who where there by me sworn
and examined and [illegible] examination
reduced to writing and subscribed
by them respectively in my pre-
sence, and their said depostitions
are now herewith returned.
*Given at the City of New Orleans
in the Parish of Orleans State
of Louisiana this 15th April 1836 C W Schaumburgh[?]
Judge*
---
**Page 28** (27533_028.jpg)
---
**Page 29** (27533_029.jpg)
> *Legal Function: Caption*
[illegible]E 7 June July Term 1836
Lavillebeuvre & Walton
vs
P. & J. Powell
*Dfts Tho. J. Stuart (of the
firm of McKee Stuart & Lind) 25 July*
> *Legal Function: Certificate of Service*
Served this writ by Reading it
to Thomas J Stewart on the 15th
day of July 1836 in the county
of St Louis
*James Brotherton Shff
By M Brotherton D Shff Service 50*
---
**Page 30** (27533_030.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon
Thomas &. Stewart
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 25th July next.
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 Lavillebeuvre & Walton
and plaintiffs and P. & J. Powell
and defendants on the part of the
defendants and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 7th day of June
in the year of our Lord one thousand eight hundred and thirty six . Jn. Ruland Clerk, C. C.*
---
**Page 31** (27533_031.jpg)
> *Legal Function: Unexecuted Summons*
Thomas J Stewart not found
in my county
*James Brotherton Shff
By M Brotherton Dshff ononest 12 1/2*
> *Legal Function: Caption*
[illegible] E. Nov. T. 1836
Lavillebeuvre & Walton
vs
P. & J. Powell
*Dft.- Thos. G. Stewart 29 Nov.*
---
**Page 32** (27533_032.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon
Thos. J. Stewart
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 29 Nov. inst.
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 Lavillebeuvre & Walton
and defendants on the part of Deft
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 18th day of Nov.
in the year of our Lord, one thousand eight hundred and thirty- six. Jn. Ruland Clerk, C. C.*
---
**Page 33** (27533_033.jpg)
> *Legal Function: Unexecuted Summons*
Thomas J Stewart not found
in my County
*James Brotherton Shff
By M Brotherton D Shff ononest 12 1/2*
> *Legal Function: Caption*
E. Nov: Term 1836
Lavillebeuvre & Walton
vs
P. & J. Powel
*Defts: Thos. J Stewart 7th Dec.*
---
**Page 34** (27533_034.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon Thos. J. Stewart
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 7th Dec. inst.
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 Laveillebeuvre & Walton
are plaintiffs and P. & J. Powel
are defendants on the part of the Defts.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 3d. day of Dec.
in the year of our Lord one thousand, eight hundred and thirty six. Jn. Ruland Clerk, C. C.*
---
**Page 35** (27533_035.jpg)
> *Legal Function: Caption*
ant March Term ant adjd 1838
Lavillebeuvre & Walton
vs
P & J Powell
*Deft Thos J Stewart 12th April*
> *Legal Function: Certificate of Service*
Served this writ on Thomas J Stewart
on the 22nd March 1838 in the county of
St Louis
*James Brotherton Sheriff
By J Gordon D shff Service $.50*
---
**Page 36** (27533_036.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff of St. Louis county---Greeting.
You are hereby commanded to summon Thomas J Stewart
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 12th April next
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 J U Lavillebeuvre & W D Walton are
plaintiffs and Peter & Jos Powell are
defendants on the part of deft
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of March
in the year of our Lord, eighteen hundred and thirty- seven Clerk, C. C.*
---
**Page 37** (27533_037.jpg)
> *Legal Function: Caption*
ant March Term 1837
Lavillebeuvre & Walton
vs
P. & J. Powell
*Defendants
Summon Thomas J. Stewart 1st May*
> *Legal Function: Unexecuted Summons*
Thos J Stewart not found
*James Brotherton Sheriff non est $.12*
---
**Page 38** (27533_038.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stuart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon Thomas J. Stuart
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 1st day of May next
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 Lavillebeuvre & Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the defendants
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 27 day of April
in the year of our Lord, one thousand eight hundred and thirty- 7. John Ruland Clerk, C. C.*
---
**Page 39** (27533_039.jpg)
> *Legal Function: Caption*
ant March Term 1837
Laveillebeuvre & Walton
vs
P & J. Powell
*for plaintiffs sum Edward H. Beebe
James B . Hill 1st May*
> *Legal Function: Certificate of Service*
Served this writ by Reading it
to the within named witnesses
in the county of St Louis
*James Brotherton Shff
By M Brotherton Dshff Serv $ 1.00*
---
**Page 40** (27533_040.jpg)
> *Legal Function: Writ and Summons for Edward H. Beebe and James B. Hill to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon. Edward H. Beebe, James B . Hill
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 1st day of May next >
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 Laveillebeuvre & Walton are
plaintiffs and Peter & Joseph Powell are defendants, on the part of the plaintiffs
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 27 day of April
in the year of our Lord one thousand, eight hundred and thirty 7 John Ruland Clerk, C. C.*
---
**Page 41** (27533_041.jpg)
> *Legal Function: Caption*
ant March Term 1837
Lavillebeuvre & Walton
vs
P. & J. Powell
*Plff Edwd. S. Beebe 24 March*
> *Legal Function: Certificate of Execution*
Executed this writ By reading it to
Edward H Bebee 23rd February 1837
in the County of St Louis
*James Brotherton Sheriff
By L Gordon Depty Shff Service $.50*
---
**Page 42** (27533_042.jpg)
> *Legal Function: Writ and Summons for Edward S. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon
Edward S. Beebe
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 24th day of March next
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 John N. Laveillebeuvre & Wm D. Walton
are plaintiffs and Peter & Joseph Powell
are defendants on the part of the plain-
tiffs and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit court, at the
City of St. Louis , this 8th day of Feby
in the year of our Lord one thousand eight hundred and thirty- seven. Jn. Ruland Clerk, C. C.*
---
**Page 43** (27533_043.jpg)
> *Legal Function: Unexecuted Summons*
Thomas J Stewart not found in
my County
*James Brotherton Sheriff nonest \$12.00*
> *Legal Function: Caption*
ant March T. 1837
Lavillebeuvre & Walton
vs
P. & J. Powell
*Deft. Thos. J. Stewart 24 March*
---
**Page 44** (27533_044.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stuart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting
You are hereby commanded to summon
Thomas J. Stuart
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 24th of March next
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 John N. Laveillebeuvre & Wm D. Walton
are plaintiffs and Peter & Jos. Powell
are defendants on the part of the
defendants and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 8th day of Feby
in the year of our Lord one thousand eight hundred and thirty seven. Jn. Ruland Clerk, C. C.*
---
**Page 45** (27533_045.jpg)
> *Legal Function: Unexecuted Summons*
James B Hill not found
in my county
*James Brotherton
Sheriff nonest $-12*
> *Legal Function: Caption*
March Term 1837
Lavilleboure Walton
vs
P & J Powell
*James B . Hill 27th March*
---
**Page 46** (27533_046.jpg)
> *Legal Function: Writ and Summons for James B. Hill to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded summon Henry Bell
James B . Hill
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 for this present
day 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 Lavellebeuvre & Walton are
plaintiffs and P. & J. Powell are
defendants on the part of
plaintiffs and have you then and there this writ.
*Witness, John Ruland , 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 thirty- seven John Ruland Clerk, C. C.*
---
**Page 47** (27533_047.jpg)
> *Legal Function: Unexecuted Summons*
served this
Thomas J Stewart not found in my
County
*James Brotherton Sheriff
By Joseph W McClung Dshff Non Est $.12 1/2*
> *Legal Function: Caption*
[illegible] July Term 1837
Laveillebeuvre & Walton
vs
P. & J. Powell
*defendants Thomas J Stewart 21st July*
---
**Page 48** (27533_048.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stuart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Thomas J. Stuart
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 21st July next
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 John N. Laveillebeuvre & William D Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the defendants
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 19 day of June
in the year of our Lord, eighteen hundred and thirty- 7 John Ruland Clerk, C. C.*
---
**Page 49** (27533_049.jpg)
> *Legal Function: Certificate of Service*
Served this writ on Edward H
Behee June 27th 1837 in the county of
St Louis
*James Brotherton Sheriff
By J Gordon D Shff Service $ .50*
> *Legal Function: Caption*
ent July Term 1837
Laveillebeuvre & Walton
vs
P. & J. Powell
*plaintiff Edward H. Beehe 21 July*
---
**Page 50** (27533_050.jpg)
> *Legal Function: Writ and Summons for Edward H. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Edward H. Beebe
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 21st July next
at the city of St. Louis , then and thre to Testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein John N. Laveillebeuvre & William D. Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the plaintiffs
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 19 day of June
in the year of our Lord, eighteen hundred and thirty- 7 John Ruland Clerk, C. C.*
---
**Page 51** (27533_051.jpg)
> *Legal Function: Caption*
Lavillebouvre & Walton
vs
P & J Powell
*attach E H Behee 27th July*
> *Legal Function: Certificate of Execution*
Execused by the
court
*J Brotherton
Sheriff*
> *Legal Function: Certificate of Service*
Served & have the Body of
E H Behee in open court
*July 27th 1837 James Brotherton Sheriff
By G Gordon D Shff service \$1.00*
---
**Page 52** (27533_052.jpg)
> *Legal Function: Summons for Edward H. Beebe to Appear*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting.
We command you to attach Edward H Bebee
by his body and him safely keep, so that you have his body before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of
St. Louis , on the 27th day of July instruct 1837 then and there to testify
and the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between
Lavillebouvre & Walton are plaintiffs and P & J Powell
are defendants wherein the said Edward H Behee
has heretofore been summoned on the part of the said
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 26th day of July
in the year of our Lord one thousand eight hundred and thirty seven John Ruland Clerk, C. C.*
---
**Page 53** (27533_053.jpg)
> *Legal Function: Caption*
ent[?]
Lavillbouvre & Walton
vs
P & J Powell
not for deft
*John H Wilson*
> *Legal Function: Certificate of Service*
Served this writ on John
Wilson on the 28th day of July
1837 in the county of St Louis
*James Brotherton
Shff Serv 50ct*
---
**Page 54** (27533_054.jpg)
> *Legal Function: Writ and Summons for John H. Wilson to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon John H Wilson
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 Twenty sixth day of July
AD 1837 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 John Lavillebeuvre & William D Walton are
plaintiffs and Peter Powell & Joseph Powell are
defendants on the part of the defendants
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this Twenty sixth day of July
in the year of our Lord, eighteen hundred and thirty- seven John Ruland Clerk, C. C.*
---
**Page 55** (27533_055.jpg)
> *Legal Function: Certificate of Service*
Served this writ on Edward
H Beebe on the 12th day of Augt
1837 in the county of St Louis
*James Brotherton
Shff
By M Brotherton
Dshff Service 50 cts*
> *Legal Function: Caption*
ant July Term 1837
J N Laveillebeuvre & W D Walton
vs
P & J Powell
*plff E H Beebe 1st Septr*
---
**Page 56** (27533_056.jpg)
> *Legal Function: Writ and Summons for Edward J. Beebe to Appear on teh Part of Plaintiffs*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Edw H Beebe
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 1st day of Sept next
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 J N Laveillebeuvre & W D Walton are
plaintiff and P & J Powell
defendant on the part of Plffs and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this fifth day of August
in the year of our Lord, eighteen hundred and thirty- 7 John Ruland Clerk, C. C.*
---
**Page 57** (27533_057.jpg)
> *Legal Function: Certificate of Service*
Served this writ on John
H Wilson on the 30th day of
July 1837 in the county of
St Louis
*James Brotherton
By M Brotherton
D Shff Serv 50 cts*
> *Legal Function: Caption*
ent[?] July Term 1837
J Laivellabeuvre & W D Walton
vs
P & J Powell
*Deft Jn: H Wilson 1st Sept*
---
**Page 58** (27533_058.jpg)
> *Legal Function: Writ and Summons for John J. Wilson to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon John H Wilson
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 1st day of Sept
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 J Laveillebeuvre & W D Walton are
plaintiff and P & J Powell are
defendant on the part of deft
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this fifth day of Augt
in the year of our Lord, eighteen hundred and thirty- Seven John Ruland Clerk, C. C.*
---
**Page 59** (27533_059.jpg)
> *Legal Function: Certificate of Service*
Served this writ on Thos
J Stewart on the 12th day of
August 1837 in the county
of St Louis
*James Brotherton
Shff
By M. Brotherton
Dshff serv 50 cts*
> *Legal Function: Caption*
Ent July Term 1837
J U Laveillebeuvre &
W D Walton
vs
P & J Powell
*Deft Thos J Stewart 1st Sept*
---
**Page 60** (27533_060.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Thos J Stewart
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 1st day of sept next
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 J U Laveillebeuvre & W D Walton are
plaintiff and P & J Powell are
defendant on the part of deft
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this fifth day of Augt
in the year of our Lord, eighteen hundred and thirty-seven John Ruland Clerk, C. C.*
---
**Page 61** (27533_061.jpg)
> *Legal Function: Caption*
Ent
Lavellebeuvre & Walton
vs
P & J Powell
summon
*Thos J Stewart for deft*
> *Legal Function: Certificate of Execution*
Executed this writ on Thos. J Stewart on the
4th day of September, 1837
*James Brotherton Sheriff
By Joseph W W [illegible] Dshff Service 50s*
---
**Page 62** (27533_062.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on teh Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Thomas J Stewart
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 September
Inst 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 Lavillebeuvre & Walton are
plaintiffs and Peter & Jos. Powell are
defendants on the part of the defendants
and have you then and there this writ.
*Witness John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 4th day of September
in the year of our Lord, eighteen hundred and thirty-seven John Ruland Clerk, C. C.*
---
**Page 63** (27533_063.jpg)
> *Legal Function: Certificate of Service*
Lavillebeuvre & Walton
vs
P & J Powell
Summon
*Thos. J Suart*
> *Legal Function: Certificate of Service, part 2*
Served this writ on Thos J Stewart
Septs 6th 1837 in the county of St Louis
*James Brotherton Sheriff
By J Gordon Dsheriff Service $ 50*
---
**Page 64** (27533_064.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Thos. J. Stuart
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 Sixth day of September
Inst 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 Lavillebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of the defendants
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 6th day of September
in the year of our Lord, eighteen hundred and thirty-seven John Ruland Clerk, C. C.*
---
**Page 65** (27533_065.jpg)
> *Legal Function: Caption*
Ent
Lavellebeuvre& Walton
vs
Powell & Powell
Subpoerna for
*E H & Beebe for
Plff*
> *Legal Function: Certificate of Service*
Served this writ on E H Beebe
7th Septer 1837 in the County of
St Louis
*James Brotherton Sheriff
By J Gordon D Shff Service \$0.50*
---
**Page 66** (27533_066.jpg)
> *Legal Function: Writ and Summons for Edward H. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon Edward H Beehe
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 forthwith
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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of Plaintiffs
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 7th day of September
in the year of our Lord one thousand, eight hundred and thirty seven John Ruland Clerk, C. C.*
---
**Page 67** (27533_067.jpg)
> *Legal Function: Certificate of Service*
served this writ on Thomas J. Stewart
Novr 16th 1837 in St Louis county
*James Brotherton Sheriff
By. J Gordon D Shff Service $ 50*
> *Legal Function: Caption*
[illegible] Novr. Term 1837
Lavillebeuvre & Walton
vs
P & J Powell
*Deft Thos. J. Stewart 23d Novr*
---
**Page 68** (27533_068.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Thos J Stewart
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 23d Novr next
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 J U Lavellebeuvre & W D Walton are
plaintiffs and P & J Powell are
defendants on the part of Defts
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 7th day of Octr
in the year of our Lord, eighteen hundred and thirty-seven Jn. Ruland Clerk, C. C.*
---
**Page 69** (27533_069.jpg)
> *Legal Function: Certificate of Service*
Served this writ on the within named
witness 22nd Novr 1837 in the county of
St Louis
*James Brotherton sheriff
By J Gordon Dshff Service $.50*
> *Legal Function: Caption*
Ent Novr. Term 1837
J U Lavellebeuvre & W D Walton
vs
P & J Powell
*Plff E H Beebe 22 23d Novr*
---
**Page 70** (27533_070.jpg)
> *Legal Function: Writ and Summons for Edward J. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Edw: H Beebe
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 23d November next
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 J U Lavellebeuvre & Wm D Walton are
plaintiffs and P & J Powell are
defendants on the part of Plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 17th day of Octr
in the year of our Lord, eighteen hundred and thirty-seven Jn. Ruland Clerk, C. C.*
---
**Page 71** (27533_071.jpg)
> *Legal Function: Unexecuted Summons*
not found on account of the Adjournment of
Court
*James Brotherton Sheriff*
> *Legal Function: Caption*
March 7 1837
Lavillebeuvre & Walton
vs
P & J Powell
22d March Plff
*Thos. J Stuart*
---
**Page 72** (27533_072.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stuart to Appear on the Part of Defendants*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Thomas J. Stuart
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 22 March next
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 Lavillebeuvre & Walton are
plaintiff and P & J Powell are
defendants on the part of the defendants,
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this >9 day of February
in the year of our Lord, eighteen hundred and thirty-8 John Ruland Clerk, C. C.*
---
**Page 73** (27533_073.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ by reading the same to E H
Beebe on the 28th day of February, 1838, in
the County of St. Louis
*James Brotherton Sheriff
By Joseph W M Clurg Dshff Service 50 cts*
> *Legal Function: Caption*
March T. 1838
Lavillebeuvre & Walton
vs
P. & J. Powell
22d March plff
*E. H. Beebe 28 [illegible]*
---
**Page 74** (27533_074.jpg)
> *Legal Function: Writ and Summons for Edward H. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Edward H Beebe
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 22 day of March next
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 Lavillebeuvre & Walton are
plaintiff and Peter & Joseph Powell are
defendant on the part of the plaintiffs
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 9 day of February
in the year of our Lord, eighteen hundred and thirty-8 John Ruland Clerk, C. C.*
---
**Page 75** (27533_075.jpg)
> *Legal Function: Caption*
[illegible] March Term Adj
1838
Lavellebeuvre & Walton
vs
P & J Powell
*Plff. E H Beebe 12th April*
> *Legal Function: Certificate of Service*
Served this writ on Edward H Bebee
on the 21st day of March 1838 in the county of St Louis
*James Brotherton Sheriff
By J Gordon D Sheriff service $ .50*
---
**Page 76** (27533_076.jpg)
> *Legal Function: Writ and Summons for Edward H. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Edw H Beebe
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 12th April next
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 J M Lavillebeuvre & W D Walton are
plaintiffs and Peter & Jos Powell are
defendants on the part of Plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of March
in the year of our Lord, eighteen hundred and thirty- Jn. Ruland Clerk, C. C.
by
Geo A Hyde Depty*
---
**Page 77** (27533_077.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ & have now the body
of Thomas J Stewart in open court
April 18th 1838
*James Brotherton Sheriff
By J Gordon Depty Service $ 1.00*
> *Legal Function: Caption*
Lavillebeuvre & Walton
vs
P & J. Powell
*Attach Thos J Stewart for Defts*
> *Legal Function: Certificate of Execution, part 2*
Execured by the court
*J Brotherton*
---
**Page 78** (27533_078.jpg)
> *Legal Function: Summons for Edward J. Beebe and Thomas J. Stewart to Appear*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
We command you to attach Edward H Beebe Thomas J. Stewart
by his body and him safely keep, so that you have his body before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of St .
Louis , on the 18th instant 183[?] then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between
Laveillebeuvre & Walton are plaintiffs and P & J. Powell
defendants wherein the said Stewart
has heretofore been summoned on the part of the said
*Witness, John Ruland , Clerk of our said Circuit Court , at the City
of St. Louis , this 17th day of April
in the year of our Lord one thousand eight hundred and thirty eight John Ruland Clerk, C. C.*
---
**Page 79** (27533_079.jpg)
> *Legal Function: Unexecuted Summons*
[illegible] July Term 1838
Lavellebeuvre & Walton
vs P & J Powell
*Deft T J Stewart 19th July*
> *Legal Function: Unexecuted Summons, part 2*
Thos. J Stewart not found in my County
*James Brotherton Sheriff By non est 12 1/2*
---
**Page 80** (27533_080.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Thomas J Stewart
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 19th July inst
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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of defts
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2nd day of July
in the year of our Lord, eighteen hundred and thirty-Eight Jho Ruland Clerk, C. C.
by
Geo A Hyde Depty*
---
**Page 81** (27533_081.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ by reading it to
E H Beebe on the 23d day of July, 1838 in the County of St. Louis
*James Brotherton Sheriff
By Joseph W M Clurg Dshff Service $ 1.00 [illegible] 18 1/2 $ 1.12 1/2*
> *Legal Function: Caption*
July Term 1838
Lavellebeuvre & Walton
vsP & J Powell
*Plff E H Beebe 23 23d 19th July*
---
**Page 82** (27533_082.jpg)
> *Legal Function: Writ and Summons for E.H. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting,
You are hereby commanded to summon E H Beebe
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 23d 19th July inst
at the city of St. Louis , then and there to Testify,
and the truth to say, in a certain matter of countroversy now pending in our said Court,
wherein Lavellebeuvre & Walton are
plaintiff and P & J Powell are
defendant on the part of Plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this Second day of July
in the year of our Lord, eighteen hundred and thirty-Eighth Jho Ruland Clerk, C. C.
by
Geo Hyde Depty*
---
**Page 83** (27533_083.jpg)
> *Legal Function: Caption*
[illegible] July Term 1838
Lavellebeuvre & Walton
vs
Peter & Joseph Powell
*deft Thomas J Stewart 20th August*
> *Legal Function: Unexecuted Summons*
Thos. J Stewart not found in my
County
*M Brotherton Shff Nonest 12 1/2*
---
**Page 84** (27533_084.jpg)
> *Legal Function: Writ and Summons for Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
The State Of Missouri , To the sheriff M Brotherton [illegible] Elizor of St. Louis County---Greeting.
You are hereby commanded to summon Thomas J Stewart
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 20th August inst 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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of Defdts.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2 day of August
in the year of our Lord, eighteen hundred and thirty-Eight Jho Ruland Clerk, C. C.
by
Geo A Hyde Depty*
---
**Page 85** (27533_085.jpg)
> *Legal Function: Certificate of Service*
Served this writ by reading it to Edw H
Beebe on the 16th day of August 1838 in the
County of St Louis
*Marshall Brotherton Sheriff
By [illegible] S Taylor Dshff Service 50 cents*
> *Legal Function: Caption*
[illegible] July Term 1838
Lavellebeuvre & Walton
vs
Peter & Joseph Powell
*Plff. Edw H Beebe 16 20th August*
---
**Page 86** (27533_086.jpg)
> *Legal Function: Writ and Summons for Edward H. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff M Brotherton [illegible] Elizor of St. Louis County---Greeting.
You are hereby commanded to summon Edw H Beebe
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 20th August inst 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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell ar
defendants on the part of Plffs
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2 day of August
in the year of our Lord, eighteen hundred and thirty-Eight Jn Ruland Clerk, C. C.
by
Geo A Hyde Depts*
---
**Page 87** (27533_087.jpg)
> *Legal Function: Caption*
John N Lavillebeuvre &
William D Walton
vs
Peter & Joseph Powell
[illegible] New-
York
---
**Page 88** (27533_088.jpg)
> *Legal Function: Dedimus to New York Judge or Justice of the Peace to Send Depositions Taken on the Part of the Defendants*
County Of St. Louis , Sct.
The State Of Missouri , To any Judge of Justice of the Peace or other Judicial Officer of the
State of New York
Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do au-
thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by Peter & Joseph Powell their
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our Circuit Court , for the County of St. Louis ,
wherein John U Lavillebeuvre & William D Walton are
plaintiffs and Peter & Joseph Powell are
defendants on the part of the defendants and having
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
Circuit Court , with all convenient speed.
*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this fifteenth
day of September in the year of our Lord, one
thousand eight hundred and thirty- Eight Jn. Ruland Clerk, C. C.*
---
**Page 89** (27533_089.jpg)
> *Legal Function: Caption*
Lavillebeuvre & Walton
vs
P & J Powell
Notice to take Depo-
sitions [illegible]
> *Legal Function: Acknowledgment*
Jack now
[illegible] a copy of the within notice
15th September 1838
*J. Spalding*
---
**Page 90** (27533_090.jpg)
> *Legal Function: Notice to Take Depositions on Behalf of the Defendants*
John M Lavillebeuvre & William D Walton
vs
Peter & Joseph Powell
St. Louis Circuit Court .
Take Notice, That on the Third day of November in the
year of our Lord one thousand eight hundred and thirty- eight, between the hours of
eight o clock, in the forenoon, of that day, at
the office of Ambrose Kirthand a Justice of the peace in
the City of New York in the County & State of New York
depositions will be taken by the undersigned, to be read on the trial of the above endtled case, on
behalf of the Defendants; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours
until completed.
*Peter & Joseph Powell
by J. Polk his ally To the above named
Plaintiffs*
---
**Page 91** (27533_091.jpg)
> *Legal Function: Caption*
Novr Term 1838
Ent
Lavellebeuvre & Walton
vs
P & J Powell
*Plffs Jos B Hill
E H Beebe 28th Nov*
> *Legal Function: Unexecuted Summons*
Neither of the within named
witnesses found in my county
*M Brotherton
Shff Nonest, 25*
---
**Page 92** (27533_092.jpg)
> *Legal Function: Writ and Summons for Jas B. Hill and E.H. Beebe to Appear on the Part of Plaintiffs*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Jas B Hill, E H Beebe
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 28th Novr inst
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
wherein Lavellebeuvre & Walton are
plaintiff on the part of plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 1st day of Novr
in the year of our Lord, eighteen hundred and thirty- Eight Jn Ruland Clerk, C. C.
by
Geo A Hyde Depty*
---
**Page 93** (27533_093.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ by reading it to
J not found
in my county
*M Brotherton Sheriff Service non est 62 1/2*
> *Legal Function: Caption*
Novr Term 1838
Ent
Lavellibeuvre & Walton
vs
P & J Powell
*Deff J H Wilson
Thos J Stewart 28th Nov*
---
**Page 94** (27533_094.jpg)
> *Legal Function: Writ and Summons for J.H. Wilson and Thomas J. Stewart to Appear on the Part of Defendants*
County of St. Louis , sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon J H Wilson , Thomas JStewart
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 28th Novr inst
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
wherein Lavellebeuvre & Walton are
plaintiff and P & J Powell are
defendant on the part of Defts
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 1st day of Novr
in the year of our Lord, eighteen hundred and thirty-Eight Jn Ruland Clerk, C. C.
by
Geo A Hyde Depty*
---
**Page 95** (27533_095.jpg)
> *Legal Function: Affidavit of Joseph Hoxie, Clerk of the City and County of New York, and also Clerk of the Court of Common Pleas for the City and County*
State Of New-York,
City And County Of New- York ,
ss.
I, Joseph Hoxie, Clerk of the City and County of New- York , and also Clerk of the
Court of Common Pleas for the said City and County, Do Hereby Certify, That
Ambrose Kirtland , Esq before whom the annexed
deposition was taken, was, at the time of taking the same, a Justice of the
Peace in and for said City and County, duly
commissioned and sworn, and that I believe the signature of said Justice
thereto subscribed is genuine.
*In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said
Court and County, the 3d day of Nov 1838. Joseph Hoxie Clerk*
---
**Page 96** (27533_096.jpg)
---
**Page 97** (27533_097.jpg)
> *Legal Function: Deposition of Thomas J. Stewart*
Deposition of witnesses produced sworn and
examined at the office of Ambrose Kirtland
[illegible] in the City of New York in
the County of New York and state of New York
before me Ambrose Kirtand a justice of the
peace in a certain cause now depending in the Circuit Court to
the County of St Louis . State of Missouri between
John M Lavillebeuvre & William D Walton Plain-
tiffs and Peter & Joseph Powell defendants in
the part of the defendant.
Thomas J Stewart - of Lawful age being
produced sworn and examined on this part
of the defendants deposeth and saith, that du-
ring a part of the month of March 1834. I
was at the Mouth of White River. Arkansas
on my route to St Louis . and while there receiv-
ed directions from the defendants Peter & Joseph Pow-
ell in whose employ I was as Clerk to Make
purchases of certain descriptions of furs and
Peltries for the St Louis Market. I bought such
as were there offered and being required to return
to St Louis by a certain period. I made an
arrangement with John Coates , a resident at
that landing to buy certain descriptions and qual-
ities of furs & peltries within a certain range
of prices, for each article and quality of the
same according to a written memorandum which I gave him. & [illegible] the purchases were
to be made within a certain period of time:
which articles when purchased he was to forward
direct to St Louis and in payment for the same
was to [illegible] on the defendants at St Louis Mis-
souri, if he preferred having the payment made
at new orleans, the defendants would place
[illegible] then with such mercantile house as he
or they should designate on due proper notice
being given to them said defendants by said
---
**Page 98** (27533_098.jpg)
Coates to that effect but in no other way would
they make payment: the compensation of
said Coates for his services was to be ten percent
on the amount of the purchase provided he
adhered strictly to the memorandam I gave
him in every respect: early in the month of
april ensuing the defendants received a large
lot of furs and peltries from the said John Coates
and Letters of advice of the purchase and shipment
on opening and inspecting the same. the articles
varied much from the instructions I gave him
that a great part was such as he was not
authorized to purchase and particularly the
article of Black Bear skin which he was pro-
hibited from buying and in the said lot of furs-
and peltries sent by him they constituted a large
proportion. and the prices paid by him for
certain of said furs and peltries so sent was
greater than was authorized by me. I was not
authorized by the defendants to delegate my
authority to purchase furs and peltries to any
person whatever but I did so [illegible] for what
I considered the best interests of the defendants
in regard to the payment for said purchases
the defendants received a letter from said
[illegible] Coates informing them he had given his
note to a [illegible] Clark at thirty days from
march 22nd. 1834 for the amount of three
thousand five hundred & ninety five Dollars
and [illegible] [illegible] or thereabouts: and that
said Clark had taken said note with him
to New Orleans & that if they the defendants
would pay the note it would be full satisfac-
tion for said purchases except his commission
of ten per cent the defendants also after that
received a letter from messrs Lavillebeuvre & Walton
of new orleans tho plaintiffs stating they had a certain note
---
**Page 99** (27533_099.jpg)
> *Legal Function: Deposition of Thomas J. Stewart*
the note above described and that it was stated
to them it would be paid by the defendants
and requesting them to remit funds forthwith
for payment thereof. which Letter was an-
swered by defendents stating that funds would
he remitted shortly. soon after another letter
was received from the plaintiffs. to the defend-
ants requesting immediate payments a few
days after the receipt of the said last letter by
the defendants from the plaintiffs the said
John Coates [illegible] at St Louis and called on
the defendants and stated he [illegible] up expressly
to receive the money for the purchases made by
him as from the tenor of them the defendants
letters to him he judged that if they remitted
to new orleans by any steam Boat to meet
his Coates note and this money not reaching them that they the defendants
would consider it a payment of dis claim a-
gainst the defenants for said purchases and
to avoid any risk whatever he preferred receiv-
ing it at St Louis . and the defendants stated that
they would have have so considered it and were
pleased that he had called to receive the amount
due him. and expressed their dissatisfaction
with of the whole transaction to him as being
unauthorized by them and very badly executed
by him. and that instead of the allowance of
ten percent which I had promised to allow him
they would pay him the amount of the pur-
chases made by him and allow him one half of the profits which they had re-
alized in the transaction to which proposi-
tion the said coates acceded: and the furth-er[?] defendants forthwith paid him the sum
of three thousand seven hundred and twenty
nine 33/100 Dollars in there abouts [illegible]
---
**Page 100** (27533_100.jpg)
and for which payment I wrote a receipt
in the usual receipt book of the defendants
and dated as now I can recollect in the
seventh of June 1834 or thereabouts and
which receipt was signed by the said
John Coates in my presence and which
money was paid him on the [illegible] of
the date of said receipt and which money I saw [illegible]
to [illegible] Coates about twelve
or fifteen Months after this and after the
[illegible] imsolvency[?] of this said John Coates and
after his [illegible] which was generally
known the said note of John Coates was
exhibited to the defendants at St Louis by
one of the [illegible]
of Hempstead & [illegible]
& Pay-
ment for a balance said to be due [illegible]
was demanded of them. [illegible]
on the back
of the note were [illegible] [illegible] three payments
amounting together to about ninteeen hun-
dred dollars and the said [illegible] was
made for & account of the plaintiffs [illegible]: Peter Powell
the of the defendants expressed his surprise at
such a demand stating he had paid
said Coates in full. deponent further
saith I am perfectly familiar with the
whole transaction & was in the habit of
seeing all letters received by the defend-
ants during the period I was in their
employ which was long previous to this
transaction up to the first of September
1835 and during that period the defend-
ants [illegible] paid or remitted to my knowl-
edge any amount whatever on account of
the said note of John Coates to the plain-
tiffs nor received any letters or communications[?] on the subject of
said note requesting payment or otherwise
after the payment to said Coates in June
1834 on there abouts until the said de-
---
**Page 101** (27533_101.jpg)
> *Legal Function: Deposition of Thomas J. Stewart*
Mand made in the payment of the balance of
said note (except that a [illegible] few days before
said demand Capt John [illegible]
called on
the defendants. and states there was a balance
due plaintiffs on said note. That he had
not the not with him) and I am [illegible]
they defendants could not have made any one of
the three payments credited on the note
without my Knowledge or recovered any
within communication from the plaintiff
that he deponent resides at St Louis and
further saith not.
*Thomas J Stewart*
> *Legal Function: Affidavit of Ambrose Kirtland*
I Ambrose Kirtland a justice of the peace do hereby
certify that Thomas J Stewart . The deponent where
place of residence is at St Louis on the state of Mis-
souri was by me sworn to testify the whole truth
of his knowledge touching the matter in controversy
in the cause aforesaid, that deponent was
examined and his examination reduced to wai
ting and subscribed by said deponent in my
presence on the third day of november in the
year eighteen hundred and thirty eight between
the hours of Eight O Clock in the forenoon and
six O Clock in the afternoon at My office in
the City of NewYork in the County of New York
and State of NewYork. Given and certified
the third day of November 1838
*Ambrose Kirtland a justice of the peace*
> *Legal Function: Certification*
I Ambrose Kirtland a justice of the peace within
and for the City and County of New York in the
State of New York do certify that in [illegible]
---
**Page 102** (27533_102.jpg)
of the [illegible] commission and notice cause
before me at my office in the City of New York
in the County and State last aforesaid. [illegible]
Thomas J Stewart who was there by me sworn and examined and
such examination reduced to writing and
subscribed by him in my presence and
his said deposition is now herecodh re-
turned
Given at the City of New York in the
County of New York and state of New York
this third day of November 1838
| | |
|---|---|
| Justice fees | \$6.25 |
| Clerk | 25 |
| | 6.50 |
| Deponent | 50 |
| | \$7.00 |
*Ambrose Kirtwell a Justice of the Peace*
> *Legal Function: Certificate of Filing*
Lavillebeuvre
vs
P & J. Powell
Depositions for defendants
*Opened & filed Nov: 22nd 1838 John Ruland Clerk Passage $ 1.25 [illegible] Pok*
---
**Page 103** (27533_103.jpg)
> *Legal Function: Caption*
Lavillebeuvre & Walton
vs
P & J Powell
Notice to take Deposi-
tions
---
**Page 104** (27533_104.jpg)
> *Legal Function: Notice to Take Depositions on Behalf of the Defendants*
John M Lavillebeuvre & Wil-
liam D Walton
vs
Peter & Joseph Powell
St. Louis Circuit Court .
Take Notice, That on the Twenty fifth day of February in the
year of our Lord one thousand eight hundred and thirty-nine , between the hours of
eight O clock, in the forenoon and six O'clock in the afternoon, of that day, at
the office of Ambrose Kirtland in the City & County
of New York and State of New York
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the Defendants; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours,
until completed.
*To the above named
Plaintiffs
Recd copy 7th Jany 1839 J Spalding Peter & Joseph Powell
by J. Polk their attorney*
---
**Page 105** (27533_105.jpg)
> *Legal Function: Caption*
John M Lavillebeuvre & Willi-
am D Walton
vs
Peter & Joseph Powell
[illegible] to New York
---
**Page 106** (27533_106.jpg)
> *Legal Function: Dedmius to New York Judge or Justice of the Peace to Send Depositions Tkaen on the Part of the Defendants*
County Of St. Louis , Sct.
The State Of Missouri , To any Judge or Justice of the Peace or other Judicial Officer of the
State of New York
Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do au-thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by Peter Powell & Joseph Powell or their
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our Circuit Court , for the County of St. Louis ,
wherein John U Lavillebeuvre & William D Walton are
plaintiffs and Peter Powell & Joseph Powell are
defendants on the part of the defendants and having
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
Circuit Court , with all convenient speed.
*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this Twelfth
day of January in the year of our Lord, one
thousand eight hundred and thirty-nine Jn. Ruland Clerk, C. C.*
---
**Page 107** (27533_107.jpg)
> *Legal Function: Affidavit of Ambrose Kirtland*
I Ambrose Kirtland a Justice of the Peace with
in and for the City and County of New York in
the State of New York do certify that in presence
of the annexed Comission[?] and on the seventh
day of March 1839[?] one thousand eight hundred
and thirty nine between the hours mentioned in
the annexed notice cause before me at the office
of Ambrose Kirtland in the County & State last aforesaid
(the plaintiffs [illegible] any person one their behalf having
appeared before me on the day mentioned in said
notice [illegible] since) Thomas J Stewart who was by
thereby me sworn and examined and such exami-
nation reduced to writing and subscribed by him
in my presence and his said deposition is now
herewith returned
Given at the City of New York in the County of
New York and State of New York this seventh
day of March 1839
| | |
|---|---|
| Justice fees | \$3.75 |
| Clerk | 25 |
| deponents | 50 |
| | \$4.50 |
*Ambrose Kirtland a Justice of the Peace*
---
**Page 108** (27533_108.jpg)
---
**Page 109** (27533_109.jpg)
> *Legal Function: Deposition of Thomas J. Stewart*
Deposition of witnesses produced sworn and
examined at the office of Ambrose Kirtland
in the city of New York in the County of New
York in the state of New York Before one
Ambrose Kirtland a justice of the Peace
in a certain cause now depending in the
St St. Louis Circuit Court state of Missouri be-
tween John M Lavillebeuvre and William
D Walton Plaintiffs and Peter and Joseph
Powell Defendants on the part of the
Defendants-
Thomas J Stewart of lawful age, being produced
sworn and examined on the part of the defendants
deposeth and saith that he resides at St Louis
Mo: and has lately been in Philadelphia in
the state of Pennsylvania on business and while
there and on or about the 20th of February last
he received a notice from Peter Powell one of the
Defendants to attend as a witness at the time
and place contained in the assured notice:
and in the cause therein mentioned, that on
or about the 22nd day of February last depo-
nent was taken sick and was unable to at-
tend at the time and place aforesaid that
he on the 25th day of February was confined
to the house and an several days afterwards
and that he by an management with said peter
powell on said 25th day of February at Philada
fixed upon this day the 7th of March as the
earliest period at which he could attend as a
witness in said cause and has now come to the
City of New York it give testimony therein.
Deponent further saith that the body of the
receipt hereunto annexed markid A, was drawn
by deponent, and the same was signed by John
Coates in the presence of deponent on the day of
the date thereof to wit the 7th of June 1834 in the
country house of said Peter and Joseph Powell
in St Louis who composed the firm of Peter &
---
**Page 110** (27533_110.jpg)
Joseph Powell that said receipt was given for
Peltries and furs purchased on account of said
P & J Powell, and forwarded to them at St Louis
and it was expressly understood at the time of
payment to be in full for all claims whatever
by note or otherwise existing at the time against
said P & J Powell for any purchases made by
said John Coates and, that the amount of three
thousand seven hundred and twenty nine dollars
and thirty three cents, was paid said Coates
in the Counting house of the said P & J Powell
at the time he gave said receipt and in my
presence, and further deponent saith swt.
*Thomas J Stewart*
> *Legal Function: Affidavit of Ambrose Kirtland*
I Ambrose Kirtland a Justice of the peace do hereby
certify that Thomas J Stewart the deponent whose
place of residence in St Louis in the State of Missouri
was by me Sowrn to testify the whole truth of his
Knowledge touching the matter in controversy in the
cause aforesaid; that deponent was examined and
his examination reduced to writing and subscribed
by said deponent in My presence on the seventh
day of March in the year eighteen hundred and
thirty nine between the hours of eight O Clock in
the forenoon and six O Clock of the afternoon at
the office of Ambrose Kirtland in the City of NewYork
in the County of New York & State of New York
Given and certified the 7th day of March 1839
*Ambrose Kirtland a Justice of the peace*
---
**Page 111** (27533_111.jpg)
> *Legal Function: Receipt*
Received Saint Louis June 7. 1834 of P
&[?] J Powell Three Thousand, seven hundred
& twenty nine 33/100 dollars, being the full
amount of my [illegible] against them for peltry &etc.[?]
purchased & forward them up to this date, also
including are Hundred and eighty four 22/100
dollars being the half of the net profits
[illegible] the purchased
*John Coates $ 3729 33/100
A*
> *Legal Function: Receipt, part 2*
Received St Louis June 17th 1834 of
P &[?] J Powell eighty three 13/100 Dollars on
account of a [illegible] of [illegible]
*W W Wright*
---
**Page 112** (27533_112.jpg)
> *Legal Function: Receipt*
Received Saint Louis 28th December 1833
of P & J Powell four hundred Dollars
also of James H [illegible] [illegible]
[illegible] in all have one hundred Dollars marking
in all five hundred Dollars and
accounts of the seetings at fort
Crawford [illegible] [illegible]
*[illegible] [illegible] [illegible]*
> *Legal Function: Receipt, part 2*
Receivd march 16 1834 of P & J Powell
Seventeen Dollars & fifty cents in full of [illegible]
*Isaac [illegible] for J Hogg & [illegible]*
---
**Page 113** (27533_113.jpg)
> *Legal Function: Affidavit of Joseph Hoxie, Clerk of the City and County of New York, and also Clerk of the Court of Common Pleas for the Said City and County*
State of New-York,
City and County of New- York , ss.
I Joseph Hoxie, Clerk of the City and County of New- York , and also Clerk of the
Court of Common Pleas for the said City and County, Do Hereby Certify, That
Ambrose Kirttand esq before whom the annexed
deposition was taken, was, at the time of taking the same, and now is a justice
of the peace acting[?] as such in and for said City and County, duly
commissioned and sworn, and that I believe the signature of said Justice
thereto subscribed is genuine.
*In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said
Court and County, the 9 day of March 1839. John Hoxie Clerk.*
---
**Page 114** (27533_114.jpg)
---
**Page 115** (27533_115.jpg)
> *Legal Function: Caption*
March 7. 1839
Lavillebeuvre & Walton
vs
P & J Powell
*Pltf LB[?] Hill
E H Beebe 28th March*
> *Legal Function: Certificate of Execution*
Executed this writ in the County of St Louis
by reading it to E. H. Beebe on 26th March
1839. LB hill not found in my County
| | |
|---|---|
| Service | 50 |
| nonest[?] | 12 |
| | 62 |
*Marshall Brotherton Shiff
By W S McKnight depty*
---
**Page 116** (27533_116.jpg)
> *Legal Function: Writ and Summons for James B. Hill and Edward H. Beebe to Appear of the Part of Defendants*
County of St. Louis , Sct.
State of Missouri , To the Sheriff of St. Louis County,—Greeting:
You are hereby commanded to summon James B Hill, Edward H
Beebe
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 28th March next
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 Lavillebeuvre & Walton are
plaintiffs and P & J Powell are
defendant on the part of Deff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 6 day of March
in the year of our Lord eighteen hundred and thirty-nine Jn[?] Ruland Clerk C. C.*
---
**Page 117** (27533_117.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ in the County of St Louis by
reading it to J.H. . Stewart not found
in my County
| | | |
|---|---|---|
| Service 50 | nonest[?] | 12[?] |
| | 62 | |
*M Brotherton, Shff
By Mc[?] Knight*
> *Legal Function: Caption*
[illegible] March 7. 1839
Lavillebeuvre & Walton
vs
P & J of Powell
*Deft.. J. H. Wilson
T. J. Stewart 28th March*
---
**Page 118** (27533_118.jpg)
> *Legal Function: Writ and Summons for J.H. Wilson and Thos. J. Stewart to Appear on the Part of Defendants*
County of St. Louis . Sct.
State of Missour, To the Sheriff of St. Louis County,—Greeting:
You are hereby commanded to summon J
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 28th March
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 Lavillebeuvre & Walton are
plantiffs and P & J Powell are
defendants on the part of defendants
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 6th day of March
in the year of our Lord eighteen hundred and thirty- nine Jn Ruland Clerk, C. C.*
---
**Page 119** (27533_119.jpg)
> *Legal Function: Certificate of Execution*
Exceuted this writ in the County of St Louis
by reading it to Wm. K Rule 26 March 1839
*Service 50 cts Marshall Brotherton Shff
By W. M Knight depty*
> *Legal Function: Caption*
ext[?]
John [illegible] Lavillebeuvre &[?]
Wm. D. Walton
vs Peter & Joseph Powell
Subpeona for Wm. K.
Rule for Depts.
28th March
---
**Page 120** (27533_120.jpg)
> *Legal Function: Writ and Summons for William K. Rule to Appear on the Part of Defendants*
County of St. Louis , Sct.
State of Missouri , To the Sheriff of St. Louis County,—Greeting:
You are hereby commanded to summon William K Rule
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 twenty eighth day of March
next 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 John U Lavillibeuvre & William D Walton are
plaintiffs and Peter Powell & Joseph Powell
defendant on the part of the defendants
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 20th day of March
in the year of our Lord eighteen hundred and thrity-nine John Ruland Clerk, C. C.*
---
**Page 121** (27533_121.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ in the County
of St Louis by reading it to J. H.
Wilson Wm K Rule 6th april 39[?]
T J Stewart not found in my County
Service 1.00
nonest[?] 12
1.12
*Marshall Brotherton Shff By McKnight[?]
Dept*
> *Legal Function: Caption*
Lavillibeuvre & Walton
vs
P &[?]J Powell
*Deft J H Wilson
Thos. G Sewart
Wm K Rule 15th April 13.50 1.05 1.50 2.00 \$18.05 5.25 1.05 629 6.92*
---
**Page 122** (27533_122.jpg)
> *Legal Function: Writ and Summons for J.H. Wilson, Thos. J. Stewart, and William K. Rule to Appear on the Part of Defendants*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting:
You are hereby commanded to summon J
Wm K Rule
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 15th 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 Lavillibeuvre &[?] Walton are
plaintiffs and P & J Powell are
defendant on the part of Defts
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 5th
day of April in the year of our Lord eighteen
hundred and thirty-nine Jn[?] Ruland Clerk, C. C.*
---
**Page 123** (27533_123.jpg)
> *Legal Function: Caption*
Lavillibeuvre &[?] Walton
vs.
Powells
*attachment for
E H. Beebe for
Plffs*
> *Legal Function: Certificate of Execution*
Executed this writ in the County of St Louis
by having the body of E . H, Beebe in
open Court 17th April 1839
*Marshall Brotherton
Shff*
---
**Page 124** (27533_124.jpg)
> *Legal Function: Summons for Edward H. Beebe to Appear and Testify on the Part of the Plaintiffs*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting.
We command you to attach Edward H. Beebe
by their bodies and him safely keep, so that you have their bodies before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of St .
Louis , on the forthwith [illegible] then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between
Lavillibeuvre & Walton [illegible] plaintiffs and Powell [illegible]
are defendants wherein the said Beche
has heretofore been summoned on the part of the said plaintiffs.
*Witness, John Ruland , Clerk of our said Circuit Court , at the City
of St. Louis , this 16 day of April.
in the year of our Lord one thousand eight hundred and thirty nine John Ruland Clerk, C. C.*
---
**Page 125** (27533_125.jpg)
> *Legal Function: Bill of Exceptions*
St. Louis Circuit Court [illegible] & Walton
vs
Peter Powell & [illegible] Powell March Term 1839
Be it remembered
that on the trail of this case the plaintiffs read
in evidance the depositions of J Claude Lavillibeuvre
& of Thomas P. Lavillibeuvre taken
at New Lavillibeuvre in April in the year 1836
in the words & figures following to wit (here
set out the depositions omitting captions of depositions and copy of letter attached to depositions)
The plaintiff then read
in evidance the note mentioned in one of said
depositions together with the assignment thereof
& the several endorsements in the following
words & figures [illegible] (here copy the note of Coates &
the several endorsements) The plaintiffs by their
counsel then gave in evidance two letters
of the defendants directed to plaintiffs at New Orleans having proved that defendants
[illegible] at their date [illegible] in briefings at
St. Louis , & that said letters were signed by
their [illegible] name in the handwriting
of Peter Powell one of said defendants(here copy the letters, one dated 24th
may 1834, the other 31st may 1834,) The plain-
tiffs then [illegible] Edward H . Beebe as a wit-
ness who testified that some time before this
suit was brought & in the spring of 1835 the plaintiff sent him the
said note of Coats to present to the defendants
for payment which plaintiff were partners in
New Orleans & of the names as stated in the
declaration that he called are the said Powells
& demanded payment of it the said note than had the several credits rendered on it as follows (here [illegible] [illegible]) & that they de clared[?] payment on the ground that they had
paid the amount of it to Coats the maker
:
---
**Page 126** (27533_126.jpg)
and that they said that payments had been
made an account of the note but did
not remember whether they said they had
remitted any thing or any thing about remittance The said Beebe further tes-
tified that the same Boats Michigan &
Boonslick left St Louis [illegible] in a few days after the
24th may 1834 & [illegible] each a trip
to New Orleans & [illegible] returned in the usual
time that the Steam Boat magestic[?]
left St Louis on a trip to New Orleans
directly after the 31st day of the same month
& [illegible] it & returned to St Louis in the usual
time said Beebe further testified that he
Knew J. H. Graham mentioned in the endorsements
an said note: that said Graham
had formely been enganged in trading in
furs & peltries[?] & had been about St Louis
The plaintiffs their read in evidance the depo-
sition of Thomas J . Stewart (which depositions
had been taken ex parte on behalf of
the defenants on the third of November
eighteen hundred thirty eight) which is in
the words & figures following [illegible] (here in-
sert the first deposition of Stewart)
Said Beebe also testified that Coats had
due some years since insolvent that he
lived in Arkansas at, & before the [illegible]
of his death & that previous to his resi-
dence in Arkansas the said Coates had
lived in St. Louis as a Clerk & was then
worth nothing & he had never been worth
any thing so far as witness know or be-
lived.
---
**Page 127** (27533_127.jpg)
The plaintiff have closed his case no other
testioney was given by either party.
The Court there [illegible] by its own motion
instructed the jury as follows (here insert the
instructions which are in the Judge's hand wri-
ting
The defendants counsel then asked
the court to instruct the jury as fol-lows[?] (here insert the instruction in the
handwriting of gamble attached to the other in-
structions
To the giving which instructions the plain-
tiffs by their cousel objected. The court
[illegible] gave the said Instructions to the
giving of which & each of them the plaitniff
by their counsel excepted.
after the finding of the [illegible] & within four
days the plaintifs moved to set aside
the said [illegible] & grant a new trail
for the following reasons then filed in wri-ting[?]
(here insert them) which motion
was by the court overruled to which [illegible]
of the court overuling said motion the
plaintiff by then counsel except & pray
the court to sign & seal this their Bill
of exceptions which is done.
---
**Page 128** (27533_128.jpg)
> *Legal Function: Bill of Exceptions*
St Louis Circit Court
Lavillibeuvre & Walton
vs
P.&.J. Powell
Bill of exceptions
---
**Page 129** (27533_129.jpg)
> *Legal Function: Certificate of Filing*
St St. Louis Circuit Court
Lavillibeuvre & Walton
vs
P.&.J. Powell
Reasons for new
trail
*J Spalding atty
for plff Filed April 18th 1839 John Ruland Clerk*
---
**Page 130** (27533_130.jpg)
> *Legal Function: Motion to Set Aside Verdict and for a New Trial*
St St. Louis Circuit Court
Lavillibeuvre & Walton
vs
P. & J. Powell
Plaintiff [illegible]
towit to set aside
the [illegible] in this
case & grant a new trail for the fol-
lowing reasons
1 That the same is against law
& evidence
2 It is against the weight of
evidence
3 It is against instructions
4 The Court instructed the jury
wrong: & refused to give instructors
asked for
*J Spalding
atty for plff*
---
**Page 131** (27533_131.jpg)
> *Legal Function: Jury Verdict for Defendant*
We the Jury find a verdict in favour
of the Defendants
*[illegible] [illegible] Foreman*
---
**Page 132** (27533_132.jpg)
---
**Page 133** (27533_133.jpg)
> *Legal Function: Jury Instructions*
If the Jury belive from the evidance that after the payment
to Coates they the Defendants the plaintiffs treated Coates as
their debtor the Defendants are not liable to the plaintiffs
in this action
---
**Page 134** (27533_134.jpg)
> *Legal Function: Unknown*
[illegible]
[illegible]
Received
3595
1900
2.695
---
**Page 135** (27533_135.jpg)
> *Legal Function: Jury Instructions*
The first general question for the jury is
whether Cotes [illegible] within the the scope of
his agency or if not have his acts been
adopted and sanctioned by the defendants
If the jury shall be of opinion in the affir[?]
mative[?] this will find for the plaintiff
unless they shall be of opinion that
Cotes was authorized by the plaintiffs
to receive the balance due from
the defendants in which case the jury
will of course find for the defendants
The second general guestion for the jury
is whether, supposing no [illegible] proven
or any sanction or adoption of Cotes' acts
by the defendants has then been any new
and [illegible] responsibles [illegible] by the
defendants
on this point the jury will consider the
whole of the evidance and particularly
will [illegible] whether any consideration
[illegible] [illegible] for [illegible] the plaintiff to
the defendants for such new and [illegible]
promise if the jury shall be of opinion
that no such consideration [illegible] they
will find for defendants
It maybe right to observe this if the jury
shall be of opinion that the plaintiffs
continued to hold Cotes as their debtor
after the letter [illegible] by them for the
Def's they will consider this as evidence
of that no argument was made by
which the [illegible] of Cotes to plaintiff
was [illegible] him or to Cotes and [illegible]
by the defendants
---
**Page 136** (27533_136.jpg)
---
**Page 137** (27533_137.jpg)
> *Legal Function: Promise to Pay*
Thirty days from date I promise to pay
L N Clarke or order three thousand five
Hundred and nienty five Dollers and
elevn cents for value Ricvd.[?] Mouth white
*River March 22nd 1834 3595 11/100 Dollars John Coates*
---
**Page 138** (27533_138.jpg)
> *Legal Function: Note*
pay to the order of Lavellebeuvre & Walton
*S.h.Clark*
> *Legal Function: Note, part 2*
June 15 1834 Rcd[?] in a/c
of the within- $ 1000.00
1834
Dec 29= Recd of J H Graham 475.00
1835
July 3 Dr
making together nineteen hundred three
14/100 Dollars in a/c of the within note
*Lavellebeuvre[?] & Walton John Coates
note
$ 3595.11 3595.11[?]
C.W.S.*
John N. Lavillebeuvre and William D. Walton V. Peter Powell and Joseph Powell. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60840