Mauldin, Montague & Co. v. Armistead, Executor

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In the Circuit Court of Marengo County State of Alabama James Semple exor 11298 vs Maulden Montague & Co Writ The State of Alabama. To any Sheriff of the State of Alabama Greeting you are hereby commanded without delay to take the bodies of Littleberry Maulden and Robert V Montague Merchants and co parties in trade trading together under the name Style of Mauldin Montague Co wherever they may be found in your county and then Safely Keep So that you have them before the Honorable the Judge of your circuit court at the Court to be hold in for the County of Marengo at the Court House thereof into law, on the Eighth Monday after the fourth Monday of March 1844 then and, these to answer unto James Semple a plea of trespass on the case in assumpsit to his damage (as it is said) Ten Thousand Dollars; and have you then and there this writ with your endorsement, theron. Witness A.H. Moore clerk of said Court at office this fourth day of April in the year of our Lord one thousand Eight hundred and fifty four and Sixty - Eighth year of the Independence of the United States. A.H. Moore Clerk This is in action of assumsit brought to recover damages of the defendants for their failure & Refusal to pay over to the plff the proceeds of one hundred and fifty bales of cotton of the value of Seven Thousand dollars the property of the said plaintiff, and by him Lent to Deft upon commission as his factoral also for money had & Recd paid laid out & expended for the said defts, also the common courts will be added with an account Stated &c Murphy & Waller [left margin] Shffs Return Alias Writ plffs Attor. Recd. in office the 8 day of April 1844 Not found 13 May 1844 J.C. DuBose Sheriff The State of Alabama. To any Sheriff of the State of Alabama Greeting You are hereby commanded

142 without delay nto take the boddies of Littleberry Mauldin and Robert V Montague merchants and co-partners in trading together under the name & Style of Mauldin Montague & Co wherever they may be found in your County, and them Safely keep so that you have them before the Honorable the Judge of our Circuit Court, at the Court to be holden for the County of Marengo, at the Court House thereof in Linden on the Eighth Monday after the fourth Monday of September 1844 then and there to answer unto James Semple in a plea of trespass in the case in assumpsit, to his damage (and is said Ten Thousand dollars, and have you then and there, this writ with your endorsement thereon. Witness Alex H Moore Clerk of the State Court at office this 11th day of June in the year of our Lord One Thousand Eight Hundred and forty four and Sixty Eighth of the Independence of the united States Alex H Moore Clerk Course of Action This is an action of assumpsit brought to recover damages of the defendants for their failure and Refusal to pay over to the plaintiff the proceeds of One hundred and fifty Bales if Cotton of the value of seven thousand dollars the property of the said plaintiff by him Lent to the defendants upon Commission as his Factors also for money had and received paid laid out and expended for the said Defendants also common courts will be added with an account Stated &c Murphy & Waller Plffs attys Sheriffs Return Received in office the 12 day of June 1844 Executed July 27th 1844 P A Savage for J C DuBose Sheriff. The State of Alabama. Circuit Court Marengo County James Semple of the term of the eighth Monday after the 4 Monday of September 1844 complains of Littleberry Mauldin

143 and Robert V Montague Merchants and co partners in trade trading together under the name Stile of Maulden Montague Co in custody of a plea of trespass in the case in assumpsit. For that, where as the Said defendants heretofore To wit on the day of June in the year of our Lord one Thousand Eight hundred & forty four at the county aforesaid, was indebted to the said plaintiff in the Sum of Seven Thousand dollars of lawful money for the proceeds of Sale of one hundred and fifty five Bales of Cotton marked J S before that time forwarded by said plaintiff to said defendants to be by them Sold for a certain commission and reward to be therefor paid by said plaintiff to said defendants they the said defendants being factors & commission merchants of the city of Mobile and which said cotton was received by the said defendants and was by by them Sold as factors & commission merchants as aforesaid for the Sum of Seven Thousand dollars by means whereof the Said defendants became liable to pay to the Said plaintiff the Said Sum of money above demanded whenever they the Said defendants Should be thereunto afterwards requested and being So liable they the Said defendants in consideration thereof afterwards to wit, on the Same day and year last aforesaid at the County aforesaid undertook & then & there faithfully promised the Said plaintiff to pay him the Said plaintiff the Said Sum of money above demanded whenever they the Said defendants Should be thereunto afterwards requested .

And for that whereas also the Said defendant heretofore to wit in the first day of June in the year of our Lord one Thousand Eight hundred and fort four at the County aforesaid were indebted to the Said plaintiff in the further Sum of Seven Thousand dollars for the proceeds of one hundred & fifty five bales of

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