CCLHP: Highland vs Crow Case File
Declaration?
State of Illinois, Coles County, Coles Circuit Court, April Term A.D. 1865
William Highland by Henry, Read & Steele his attorneys complains of Philip A. Crow defendant (summoned &c) in a plea of trespass on the case.
For that whereas the said plaintiff on to wit the first day of December A.D. 1864 to wit at the County aforesaid was lawfully possessed as of his own property of certain promissory notes, banknotes, goods and chattels to wit a certain promissory note made by one John McCoy to said plaintiff whereby the said McCoy promised to pay to the said plaintiff the sum of four hundred and fifty dollars at a certain day therein named and being so possessed the plaintiff afterwards to wit on the day first aforesaid lost the same and the same afterwards to wit on the day last aforesaid came into possession of the said defendant by finding, yet the said defendant, though he well knew the same belonged to the plaintiff, intending to injure and defraud the plaintiff thereof refused to deliver the same to said plaintiff though heretofore requested but afterwards to wit on the day last aforesaid converted the same to the use of said defendant, to the damage of the plaintiff of five hundred dollars and therefore he sues &c.
[Signed] Henry, Read & Steele, Attys. for Plff.
Plea
State of Illinois, Coles County, Coles Circuit Court, April Term 1865
Phillip A. Crow ats.(?) William Highland, In Trover
And the said defendant by Allison & Ellington his attys. comes and defends the wrong and injury &c. and says that he is not guilty of the said supposed grievances laid to his charge in manner and form as the said plaintiff hath thereof complained against him and of this he puts himself upon the country, &c.
[Signed] Allison & Ellington, Attys. for Deff.
And the said plaintiff doth the like
[signed] Henry, Reed & Steele, Attys. for Plff.
Affidavit for Continuance
State of Illinois, Coles County, Coles Circuit Court, April Term 1865
Phillip A. Crow ats.(?) William Highland
Phillip A. Crow the defendant in the above entitled cause being first duly sworn on oath states that he cannot safely go to trial at the term of the court on account of the absence of William Highland the plaintiff in said cause. That he has no witness by whom he can prove the following facts except his own oath or the oath of the said William Highland:
Affiant would state that this action is brought to recover the value of a note of hand given by John McCoy unto plaintiff Oct. 11th, 1864 for the sum of four hundred and fifty dollars. That the money for which this note was given was money received of affiant by Plaintiff under the following circumstances. Affiant made a contract with plaintiff to go into the army of the United States for the term of one year as a substitute for one Jackson Harsh of Moultrie County, Illinois who had been drafted. That said plaintiff agreed to go as a substitute upon affiant paying five hundred and fifty dollars to plaintiff which its amount affiant paid unto said plaintiff, and the amount of four hundred dollars was loaned to Mr. McCoy and the remainder was forwarded from Danville where the said plaintiff was ? by Capt. Fithin(?). To his factor(?) residing(?) near Matton and the said money paid. Affiant entreats(?) to prove(?) by said Plaintiff that at the time of contracting with said Plaintiff it was agreed that in case plaintiff should be drafted in the state of Ohio where he had been enrolled, that the note in controversy(?) should be surrendered to affiant and the balance of the money refunded to affiant. Affiant knows of no witness other than plaintiff or affiant by whom the above agreement can be proven. Affiant would further state that at the time of hiring said plaintiff affiant that said plaintiff was subject to do military duty in Ohio as he had been drafted in that state which fact was at the time unknown to this affiant which first was communicated to Capt. Fithin and by him to affiant, and therefore affiant furnishes(?) another substitute(?) in the place of plaintiff for which he had to pay $550. Affiant would state that at the time of plaintiff entering into said service as aforesaid he was residing in Mattoon Coles County Illinois that said plaintiff was at the commencement of this suit and still is in the service of the United States, being drafted ? from the state of Ohio, that affiant had no knowledge of the pending of this suit until the 20th day of March 1865 and owing to the shortness of the time from said service until the convening of this court it has been impossible for affiant to obtain the testimony or attendance of said witness that said plaintiff is at present somewhere in the service of the United States in the army , but affiant does not know at what point(?) he now is. Affiant would state that he procured a subpoena to be issued for said witness which has been duly returned by the sheriff of Coles County "not found" that this application is not made for delay, but that justice may be done in the previous. Affiant says that he expects to be able to obtain the evidence of plaintiff by the next term of this court to which time affiant prays that this cause stand continued and further affiant saith not.
Subscribed and sworn to before on this 8th day of April 1865.
[Signed] P. A. Crow
H. Clay Wortham, Clerk.
Bill for Discovery
State of Illinois, Coles County, Coles Circuit Court, October Term 1865
To the Honorable O. L. Davis sole Judge &c. in Chancery sitting.
Your orator Phillip A. Crow would respectfully represent unto your Honor that One William Highland has commenced an action of Trover against your orator to recover the value of one promissory note of hand given by one John McCoy to said Highland for the sum of Four Hundred and fifty dollars. That your orator has filed the plea plea of "not guilty" in said cause and that said suit is now pending and withstanding in this Honorable court on the law side thereof.
Your orator further represents that said note came into the possession of your orator under the following circumstances, viz. sometime in the month of ___ 1864 your orator employed the said Highland to go into the United States Army for one year as a substitute for one Jackson Harsh. That your orator paid said Highland the sum of five hundred and fifty dollars for said service. That said Highland loaned Four Hundred and fifty Dollars of said money to said John McCoy for the payment of which said sum of money the said McCoy executed to said Highland the note now in controversy(?).
Your orator further represents and expressly charges that it was agreed by and between the said Highland and your orator at the time said contract was made that if said Highland was drafted in the State of Ohio where he had formally resided and where he had been enrolled and was liable to military duty, that then in that case the note given by said McCoy to said Highland as aforesaid was to be given up and surrendered to your orator and the said Highland was to repay to your orator the sum of $100 to balance of the $550 paid by your orator to said Highland as aforesaid.
Your orator further represents that said William Highland was drafted in the State of Ohio and was compelled to serve his time in the United States Army under said Draft in consequence of which he was unable and wholly failed to fulfill his contract and agreement with your orator. And that your orator was compelled to employ another substitute in said Highland's place. That upon your orator learning the fact that said Highland had been drafted that he applied to the Father of said William Highland for said note (the same having been left with him) and that said note was surrendered to your orator in accordance with the terms of the agreement between the said William Highland and your orator as aforesaid.
In consideration of the premises and in as much as your orator is wholly remediless at law, your orator prays that said William Highland be made defendant to this your orator's bill and that he be summoned to appear and answer said bill as fully as if specially interrogated thereto and full discovery make of the whole of said transaction. That pending the coming in of said answer that the said William Highland and all persons acting under him be restrained and enjoined from further proceeding in said suit at law until said answer shall be filed. And as in duty bound your orator will ever pray &c.
[Signed] P. A. Crow
Phillip A. Crow the complainant is the above cause having first duly sworn on oath states that the matter and things stated in said bill are true in substance and in fact according to the best of his information and belief.
Subscribed and sworn to before me this 1st day of November 1865
[Signed] H. Clay Wortham, Clerk.
Affidavit of the Highlands
State of Illinois, Coles County
David Highland and Eliza Highland make oath and say that the promissory note referred by Phillip A. Crow in a certain bill of discovery filed by said Crow against one William Highland and now pending in the Coles County circuit court was given by one John McCoy for money loaned by the said William Highland and for a certain colt sold by the said William Highland to the said McCoy and that the said William being about to enter the service of the United States sent said note to his mother one of said affiants for safe keeping for him (the said William) until he (William) should return from the army and that soon after the execution thereof, the said William entered the service aforesaid and from thence hitherto has continued in said service and that he never at any time authorized said affiant or either of them to deliver said note to any person or to assign or dispose of the same in any manner whatever and that the said Crow obtained possession thereof by threatening to arrest and detain said affiants and have them imprisoned in the jail of the county until they should deliver the possession of said note to the said Crow and said affiants having recently before the time of the transaction last aforesaid moved into the state and being by the said Crow informed that the holding of said note was a crime and that affiants were liable to be imprisoned therefore and said affiants being ignorant of their duty in the promises aforesaid under the threats and menaces aforesaid delivered said note to the said Crow.
[Signed] Sworn to and subscribed, Eliza Highland, David Highland
before one this 3rd day of November A.D. 1865, H. Clay Wortham, Clerk.
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