Deposition of Charles H. Brown Regarding Nicely vs. Glosser, 1894 December 15
The legal papers housed in this collection document three lawsuits arising from the dissolution of the Mascot Milling Company in 1894. When they founded the company in 1891, J. J. Nicely, John F. Glosser, and James M. Whittle each owned one-third of the enterprise. When the mill moved and several improvements were made, each partner furnished one-third of the money required. Glosser, however, did not have the necessary capital on hand and so Nicely advanced the necessary money. Glosser issued Nicely two notes of $180.00 each and Whittle and the mill's manager, Charles B. Tyler, were to pay the remaining $280.00 out of Glosser's share of the company, which was to be transferred to them. Nicely filed the first lawsuit in this collection against Whittle and Tyler in order to recover this $280.00. Whittle and Tyler responded that when they accepted the debt, it was understood that Glosser was to transfer a tract of land to Whittle and that Nicely's debt would be paid out of the value of that land. Because the transfer was never completed, no money was due to Nicely. Nicely subsequently filed a suit against Glosser, arguing that because Glosser was responsible for the failure of the land transfer he was also responsible for the debt. Glosser argued that he owed Nicely nothing, as he had satisfied his initial promissory notes. Although the outcome of this suit is not documented, it can be inferred that Glosser was not found liable as Tyler and Whittle filed the final suit against Glosser and Nicely claiming that it was Glosser's refusal to finalize the land transfer that caused them to be unable to pay Nicely.
Dates
- 1894 December 15
Conditions Governing Access
Collections are stored offsite and must be requested in advance. See www.special.lib.utk.edu for detailed information. Collections must be requested through a registered Special Collections research account.
Extent
From the Collection: 0.1 Linear Feet (14 folders)
Repository Details
Part of the Betsey B. Creekmore Special Collections and University Archives, University of Tennessee, Knoxville Repository