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J. J. Nicely Legal Papers Regarding the Mascot Milling Company

 Collection
Identifier: MS-1632

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

  • 1891 June 9-1895 March

Conditions Governing Access

Collections are stored offsite, and a minimum of 2 business days are needed to retrieve these items for use. Researchers interested in consulting any of the collections are advised to contact Special Collections.

Conditions Governing Use

The copyright interests in this collection remain with the creator. For more information, contact the Special Collections Library.

Extent

1.4 Linear Feet

Abstract

The legal papers housed in this collection document three lawsuits arising from the dissolution of the Mascot Milling Company in 1894.

Biographical/Historical Note

Jacob J. Nicely was born in Virginia in November of 1828. He married Anna Neff in about 1854 and the couple had ten children. During the Civil War, Nicely was commissioned as an officer in Company D of the 9th Tennessee Cavalry Regiment. He mustered out on January 11, 1865, returned to Tennessee, and worked as a businessman and entrepreneur. Nicely died in Knox County in 1909.

Arrangement

This collection consists of fourteen folders

Acquisition Note

Special Collections purchased these papers in February of 1990.

Repository Details

Part of the Betsey B. Creekmore Special Collections and University Archives, The University of Tennessee, Knoxville Repository

Contact:
The University of Tennessee, Knoxville
Knoxville TN 37996 USA
865-974-4480