Thomas C. W. Sale to Abraham Lincoln, 14 December 18581
Paris Ills. Dec. 14. 1858.Hon A. LincolnSpringfield.Dear Sir–In the case of John Crabtree plaintiff in error, vs William Kile and David Nichols defendants in error,2 now in the Supreme Court from Coles Circuit Court;3 my Clients Kile and Nichols wish to have the benefit of your services.
The writ is returnable on the 4th of January I believe. Will you be so kind as to
take charge of the case? It was tried below by Mr Usher, of Terre Haute, and myself for K & N. and Messrs[Messieurs]Linder and Green for Crabtree.
Dr. Kile of this place, whom I suppose you know will be in Springfield about the 1st of January— and see you in person.4 I will add— if you undertake your fee is certain to be paid.
Please let me hear from you by return mail.
Very truly yours &c.[etc.]Tho. C. W. Sale<Page 2>
[Envelope]
PARIS Ill[Illinois]
DEC[DECEMBER] 15Hon A. LinclnSpringfieldIlls.
DEC[DECEMBER] 15Hon A. LinclnSpringfieldIlls.
2A plaintiff in error, also known as an appellant, is the litigant who took an appeal
or writ of error from one court to a superior or appellate court; the appellant requested
the superior court to set aside or reverse the judgment of an inferior court. A defendant
in error, also known as an appellee, is the litigant against whom an appellant took
an appeal or writ of error from one court to a superior or appellate court; the appellee
had an interest in upholding the inferior court’s judgment. An appeal is a request
to a superior court to correct the mistake or injustice of an inferior court's proceedings.
A writ of error is a document describing a misapplication or misconception of the
law by the court as grounds for review by an appellate court.
“Appellant,”; “Appellee,”; “Appeal,”; “Writ of Error,” Reference, Glossary, 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), http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference%20html%20files/Glossary.html.
3William Kile and David Nichols sold eighty-one cattle to John Crabtree and gave him
a warranty that the cattle were healthy for shipment to New York. In return, Crabtree gave Kile and Nichols a promissory note for $2,550 and made
payments of $1,408 on the note. After Crabtree refused further payment because forty-one
of the cattle died from the milk-sickness, Kile and Nichols sued to collect the balance
of the debt. The case commenced in the April 1857 term of the Edgar County Circuit Court. In March 1858, Crabtree requested and received a change of venue to the Coles County
Circuit Court. In his defense, Crabtree claimed that the breach of warranty should
offset the balance of the note. He also presented witnesses to prove that Kile and
Nichols knew the milk-sickness was prevalent in the area where the cattle grazed before
the sale, but Kile had the testimony of one witness excluded. In May 1858, the Coles
County Circuit Court ruled for Kile and Nichols and awarded $779.73. Crabtree appealed
to the Illinois Supreme Court, and Kile and Nichols retained Lincoln and Herndon. The Supreme Court reversed the judgment, ruling that Crabtree's damages should
be allowed to offset the note's balance since breach of warranty did occur. Furthermore,
the testimony impeaching Crabtree's witness was improper and the court should have
excluded it. The Supreme Court remanded the case back to the Edgar County Circuit
Court. The parties apparently reached a settlement, as the Edgar County Circuit Court
dismissed the remanded case.
Crabtree v. Kile & Nichols, 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=135662; Crabtree v. Kile & Nichols, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, https://lawpracticeofabrahamlincoln.org/Details.aspx?case=135662; Crabtree v. Kile & Nichols, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, https://lawpracticeofabrahamlincoln.org/Details.aspx?case=135782.
Autograph Letter Signed, 2 page(s), Abraham Lincoln Papers, Library of Congress (Washington, DC).