Declaration, circa 23 April 1841 [Miller et al. v. B. Holladay and W. Holladay]

  • Source Note
  • Historical Introduction

Document Transcript

State of Illinois) Sct [scilicet]
)
of the May term of the Circuit Court 1841
, , Joseph Smith Jr and By their atto[r]ney Complain of Benjamen Holladay and William Halladay [Holladay] in Custody &c of a plea of . For that to wit <​on the​> 10th day of August 1840 at to wit the and aforesaid Said Defendants represented themselves to <​be​> Skillful and competent pilots with understanding the the Steam Boat channel of the and plaintiffs confiding in defendants representations aforesaid were then and there induced to ingage and hire Said defendants for Pilots to pilot and navigate Steam Boat Nauvoo on Said of Steam Boat plaintiffs were then and there the owners and that Said Defendants under Said hiring & took possession of Said Steam boat Nauvoo as pilats as aforesaid and Said defendants not regarding the premises but intending to injure the plaintiff in that behalf willfully and with intent to distroy Said boat run the Same upon rocks and Sand bars <​out of the usual Steam boat channel of Said ​> and thereby greatly ingured the hull and rigging of Said <​boat​> to wit to the Sum of $2000. and hindered and dilayed Said boat and that the time Said boat was so hindered and dilayed <​ditained​> was worth a large Sum of money to wit the Sum $1000.
And for that afterwards to wit day and year last aforesaid at to wit the and aforesaid Said defendants represented themselves to the plaintiffs to be Skillfull <​[illegible] [vigalent?]​> and competent pilats to navigate and pilat Steam Boats on the upper and that plaintiffs confiding in Said last mentioned representations were enduced to engage and hire Said defendants to navigate <​as pilats​> a certain other Steam boat Called Nauvoo <​on Said up[p]er ​> of which the plaintiffs [p. [1]] were then and there the owners and that under Said hiring Said plaintiffs Defendants took possession of Said last mentioned Steam boat to navagate and pilot her on Said Upper and that Said defendants Said <​not​> regarding the premises so Carlessly navagated Said last Mentioned Steam boat that they run her on rocks and Sand banks <​out of the usual Steam boat channel of Said upper ​> and thereby then and there greatly injured Said boat in her hull and rigging and greatly delayed her in So that the injury to Said boat and the delay was worth a large Sum of Money to wit the Sum of $2000. So the plaintiffs Say they have Sustained damage to the Sum of $2000.00 and therefore they bring their Suit &
Walker Little & Morrison p. g.
 
et al Declaration in Case
vs)
Benj & Wm Halloday
 
Filed April 23d 1841
S. Otho. Williams. Clerk [p. [2]]

Footnotes

  1. 1

    TEXT: Possibly “bars <​ba[n]ks​>”.  

  2. new scribe logo

    Docket in unidentified handwriting.  

  3. new scribe logo

    Notation in handwriting of S. Otho Williams.