Lincoln, Abraham (1809-1865) [Declaration in the case of John Kerr and Augustus Kerr v. Thomas Constant and Josiah Francis].
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Gilder Lehrman Collection #: GLC00672 Author/Creator: Lincoln, Abraham (1809-1865) Place Written: Springfield, Illinois Type: Header Record Date: 2 November 1839 Pagination: 2 items: 2p., 1 p. : docket ; 32 x 19 cm. Order a Copy
John and Augustus Kerr sued Constant and Francis for $522.55 they were owed. Lincoln, working as a lawyer with John T. Stuart, won judgment for $440.14 on November 26, 1839.
Notes: Not in Basler. On April 30th 1840, Lincoln served as attorney bidding in two lots at a Sheriff's sale on the judgment. Lincoln Day by Day, p. 122, 135. Fellow Whig Josiah Francis was known to Lincoln politically (Basler 1: 139n, 208) and professionally (receipt for unrelated payments, 1841 June 12 1:254).
State of Illinois | Of the November term of the
Sangamon county | circuit court of said county
and Circuit | A. D. 1839 --
John Kerr and Augustus Kerr trading and doing business under the name style and firm of John & Augustus Kerr, plaintiffs, complain of Thomas Constant and Josiah Francis, trading and doing business under the name style and firm of Constant & Francis, defendants, being in custody &c of a plea of Trespass on the case upon promises: For that whereas the said defendants heretofore, towit on the first day of May in the year of our Lord one thousand eight hundred and thirtynine, at St. Louis, towit, at the county & circuit aforesaid, made their certain promissory note in writing, (signing thereto their partnership name of Constant & Francis) [struck: and] bearing date the day and year aforesaid, and thereby then and there promised to pay ninety days after the date thereof to the order of the said plaintiffs, by their partnership name of John & Augustus Kerr the sum of five hundred and twentytwo dollars and fifty five hundredths of a dollar without defalcation for value received with interest at the rate of ten per cent per annum after maturity until paid Negotiable and payable at the State Bank of Illinois at Springfield without defalcation for value Recd. and then and there delivered the said promissory note to the said plaintiffs; By means whereof, and by force of the statute in such case made and provided, the said defendants then and there became liable to pay to the said plaintiffs, the said sum of money in the said promissory note specified, together with interest [inserted above: as] therein [2] specified, according to the tenor and effect of the said promissory note; and being so liable, they, the said defendants, in consideration thereof afterwards, towit, on the day & year aforesaid, at the county & circuit aforesaid, undertook and then and there faithfully promised the said plaintiffs to pay them the said sum of money, together with interest, in the said promissory note specified according to the tenor and effect thereof-
Yet the said defendants (although often requested so to do) have not as yet paid [inserted above: to the said plaintiffs] the said sum of money in the said promissory note specified, or any part thereof but so to do have hitherto wholly neglected and refused, and still do neglect and refuse to the damage of the said plaintiffs of one thousand dollars, and therefore they sue &c.
Stuart & Lincoln p. q.
(Copy of note sued on)
"$522 55/100 St. Louis May 1st 1839
Ninty days after date we promise to pay to the order of John & Augusut Kerr Five hundred [struck: and] & twenty two dollars 55/100 without defalcation, for value received, with interest at the rate of ten per cent per annum, after maturity until paid Negotiable and payable at the state Bank of Illinois at Springfield without defalcation for value recd.
Constant & Francis"
[Illegible calculations relating to the sum, possibly in Lincoln's hand]
[3]
John Kerr and Augustus Kerr |
trading and doing business |
under the name, style and | Trespass on the
firm of John & Augustus Kerr | case upon promises
vs | Damages of $1000--
Thomas Constant and Josiah Francis |
trading and doing business under |
the name, style and firm of |
Constant & Francis |
The clerk of the Sangamon Circuit Court will issue process in the above cause --
Stuart & Lincoln p. q.
John Kerr and August Kerr |
vs | Sangamon Circuit Court
Thomas Constant & Josiah Francis |
I do hereby enter myself security for costs in this cause, and acknowledge myself bound to pay 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 pursuance of the laws of this state-
Dated this 2nd day of November A.D. 1839
A. Lincoln
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