Preston and Others v. George W. Coons, Administrator of the Estate of Milton Duty, et al.
View original image: Page  125
[missing figure]

against persons residing in the state of MississippiMississippi
were upon notes amounting to two thousand
and seventy dollars and eighteen cents, against
John HarrisJohn Harris for the sum of fifty
dollar- ReubenReuben Gibson for nine hundred dollars
for fifty dollars, John F. Guions
for three hundred dollars, Joseph Duncan for
one hundred and sixty eight dollars and twenty six
cents and, ThomasThomas Galloway for six hundred
and one dollars and ninety two cents, makes
residing in MississippiMississippi were in the possession
of said Duty at the time of his death and
were received by this defendant as
administrator- This defendant
immediately after the death of said Duty
exhibited said notes to persons from
MississippiMississippi and to particularly to
Mr. Duty, a brother of the said MiltonMilton
Duty, who was acquainted with the said
notes and their circumstances- that
this defendent was then informed by
the said brother of the said MiltonMilton
Duty- that all the said makeers were
and that nothing could be made
and of any- of them and that it was
useless to go to the expense of suing upon
said notes- that he made other inquiries
of persons with said acquainted with
the circumstances of the said
and received the same information, which
he believes to be true- that thereupon, as
soons as he that

View original image: Page  126
[missing figure]
for collection and have remained
there ever since- That this defendant has a receipt
from said attorneys for said notes given by them
to said Duty, dated at Vicksburgh
of May 1838 this defendant
has corresponded with said attorneys, and
has urged upon the prompt collection of said claims- that he has been informed
and believes it to be true, by said attorneys
that suit has been brought against said
Hendersons upon said notes, that there
was a failure to anything by
reason of a set off pleaded and sustained
by said Hendersons against said notes-
that the notes held by said Duty at the time of his death against T. Evans,
S. Stephens, S. Fletcher, F. Banfield, S. Fletcher, W.
Allen of Mississippi amounting to twenty one hundred and thirteen
dollars were placed by said Duty in his lifetime
in the hands of- HarrisonHarrison an attorney at law
in or near Vicksburgh in the state of MississippiMississippi for collection, where
they have remained ever since, and that this
defendant has the receipt of said HarrisonHarrison
for said notes given by him to said Duty in the lifetime of Duty, but
has never hand any of said notes in his
possession- that he has corresponded with
said HarrisonHarrison and urged upon him the
collection of said notes- that his is informed
by said HarrisonHarrison that they have been put in suit, and judgments
received onif not all of them- but
that nothing has been or can be realized out
of the makers because of their insolvency-
all which this defendant believes to be true-
that the balance of the claims