Lincoln Letters - September 03, 1837
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State of Illinois
In Tazewell circuit court
September Term 1837
The People of the State of Illinois for the use Benjamin Kellogg administrator with the will annexed of the estate of Lewis F. Crain deceased
vs
James W. Crain, James Kinman, John Shitton, William Woodrow, Seth Wilson, Alexander McNaughtin, Nathan Dillon, Ben Buggs, Hugh Woodrow, John Summers, Enos Coldrin, Hezekial Davis and David Bailey.
In Debt
Debt $20,000
Damages 10,000
The clerk of Tazewell Circuit Court will (???) in the above case returnable to the next Term of said court
Stuart & Lincoln for plantiffs.
The People of the State of Illinois for the use of Benjamin Kellogg administrator with the will annexed of the estate of Lewis F. Crain deceased
vs
James W. Crain, James Kinman, John Shitton, William Woodrow, Seth Wilson, Alexander McNaughtin, Nathan Dillon, Ben Buggs, Hugh Woodrow, John Summers, Enos Coldrin, Hezekial Davis and David Bailey---I do hereby enter myself
This early legal document is entirely in Lincoln's hand. He had just partnered with John Todd Stuart who was a cousin of Mary Todd in 1837. In regard to the case, Benjamin Kellogg and Lewis Crain had dissolved their business partnership, but Crain owed Kellogg $16,000 to pay off the business's debts. Crain died before paying, and Kellogg sued James Crain, who served as surety for Lewis Crain, in an action of debt for $16,000. The court granted a change of venue to Peoria County, but the court there remanded the case back to Tazewell County. Kellogg retained Lincoln but failed to appear, and the court dismissed the case. Kellogg motioned to reinstate the case because he was ill and could not attend court. The court set aside the dismissal and ruled for Kellogg for $16,000. Stuart and Lincoln received $20 for their legal services.
security for costs in their cause, and acknowledge myself bound to pay (all costs) or cause to be paid all costs which may accrue in this action, either to the opposite party or to any of the officers of this court, in persuance of the laws of this State.
Dated the 3rd day of Sept 1837
Robert Stuart
The (???)
For B. Kellogg
(???)
(???)
Jas W. Crain
et al
filed Sept 5, 1837
(???)
(???)
