Abraham Lincoln to John Cole and A Little One Wall, 21 January 18591
Springfield, Jany 21. 1859Messrs[Messieurs] Cole & WallGentlemenJudge Emerson is here, and his lawyer, Edwards wanted me to this morning, to consent to a continuance of your case,2 saying that if I did not they would have to dismiss it, and sue again– I said I could
not continue it without your direction; and I promised Edwards to write you, which I now do– I suppose it is for you now to say whether case shall
be continued, or dismissed–3 Write me at once which shall be done–
Yours trulyA. Lincoln–2A continuance is the postponement of court proceedings to a future date.
Henry Campbell Black, Black’s Law Dictionary, 6th ed. (St. Paul, MN: West, 1990), 321.
3Charles D. Emerson and others invented an improvement in draining plows and received
a patent for their improvement. A Little One Wall and John Cole allegedly infringed
on that patent. In January 1858, Emerson and others retained Benjamin S. Edwards
and sued Cole and Wall in the U.S. Circuit Court, Southern District of Illinois, in an action of trespass on the case, requesting $5,000 in damages. Wall retained
Lincoln & Herndon, and the court continued the case for several terms. In February 1859, the court
rendered judgment against the plaintiffs for costs. Emerson and others later dismissed
the case.
Emerson et al. v. Cole & Wall, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), https://lawpracticeofabrahamlincoln.org/Details.aspx?case=137553.
Autograph Letter Signed, 1 page(s), Lincoln Collection, Abraham Lincoln Presidential Library and Museum (Springfield, IL).