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TOWN OF TOMPKINS CIVIL WAR VETERANS SUE TOWN FOR BOUNTY PAYMENTS
Copy submitted by Shirley Houck, electronic file by Joyce Riedinger. May 29, 2000

Fol 1
Supreme Court County of Delaware
Wallace W. Austin
against
The Town of Tompkins
Plffs complaint
The complaint of the plaintiff respectfully shows to this court, that the defendant above named is a corporate Town in the County of Delaware and State of New York, That on or about the 27th day of July 1863 the Plaintiff Enlisted into Company "H" first veteran Calvery Regiment New York State Volunteers for the term of three years unless sooner discharged, that said plaintiff as a member of said Regiment was

Fol 2
mustered into the military service of the United States on the 18th day of September 1863 for said term in pursuance of an act of Congress and a proclamation of the President of the United States and in accordance with and by virtue of the laws of the State of New York to aid the government in suppressing the Rebellion then existing in the United States and to enforce the laws thereof

That on or about the 17th day of October 1863 the President of the United States issued his proclamation in pursuance of said laws of the United States requiring the several States to furnish

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three hundred thousand men to aid in the suppression of said Rebellion. That on or about the first day of February 1864 a draft was duly ordered by the government of the United States for five hundred thousand men to be furnished by the respective states. That on or about the 15th day of March 1864 the said President in pursuance

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of the laws of the United States issued his Proclamation requiring the said several states to furnish the General Government

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with two hundred thousand more men to be mustered into the military service of the United States for the purpose aforesaid That the above defendant as one of the respective towns of the State of New York under and in pursuance of said draft and Proclamations of the President of the United States and the various calls of the said President previous thereto & in obedience to the laws of Congress & the laws of the said State of New York

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was required to furnish to the government of the United States its quota of men to be mustered into the said military service of the United States to aid in enforcing the laws thereof & in the suppression of the said Rebellion. That each of the respective towns in the several states were allowed by the General Government credits upon their respective quotas in all cases where the recruit had actually enlisted & been received into the service of the United States & had not previously been credited.

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That during the years 1863 & 1864 one Charles Maples was the Supervisor of said town of Tompkins and as such Supervisor was engaged in procuring credits for said town of Tompkins & for its quota of pen to be furnished the General Government by said town aforesaid That on or about the 15th day of November 1863 the said Charles Maples as such Supervisor acting in his official capacity in consideration that this-plaintiff would

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consent to be credited upon the quota of the said town of

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Tompkins promised and agreed to pay this plaintiff the town bounty of said town of Tompkins (which said town bounty was at that time the sum of three hundred dollars)absolutely and also then & there further promised & agreed to pay this plaintiff any additional bounty which the said town of Tompkins Should by its

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Electors vote to pay to volunteers from said town That the plaintiff accepted said proposition made on the part of the above named defendant and consented to be so-credited That in pursuance of said agreement this plffs name was forwarded to the said Maples as requested by him and subsequently actually credited upon the quota of the said town of Tompkins. And this

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plaintiff avers that about the time of the making of said contract aforesaid & before its conclusion the said defendant at a special Town meeting (duly called for that purpose) of the Electors of said town voted to pay the sum of three hundred dollars to each volunteer who should be credited upon the quota of said Town And this plaintiff further avers that subsequent to the making of said contract and before this plaintiffs name was actually credited to the said town of Tompkins the said defendant

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at a special town meeting of the Electors of said town duly called for that purpose voted to pay the sum of six hundred dollars to each volunteer who should be credited upon the quota

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of said town. And this plaintiff further avers that after the said bounty became due & payable from the said defendant and before the commencement of this suit this plaintiff called upon the board of officers for the said town of Tompkins and demanded payment

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of said bounty in pursuance of the terms of said agreement with the said Maples as aforesaid which payment was refused and plaintiffs said claim then & there rejected. Wherefore this plaintiff demands judgment against the said defendant for the sum of six hundred dollars with interest thereon from the 16th day of October 1863 besides the costs and disbursements of this suit
Dated Jan 28th 1867 Reuben H. Root Plffs atty

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Supreme Court
Wallace W. Austin
agt
the town of Tompkins
The defendant in answering the complaint in this action denies the same and each and every allegation therein contained and further specially denies that the said Charles Maples referred to in the complaint made any agreement with the plaintiff as therein stated and further say that the said Charles Maples had no power or right to create or fix said liability on this defendant as alleged in the Complaint Defendant therefore demands Judgment that the complaint be dismissed with costs
Dated January 30,1869 Alex Cumming
Defts Atty

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At a Circuit Court held in and for the County of Delaware at the court House in the village Delhi, the 31st day of January 1870 Present Hon Douglas Boardsman
Justice

Supreme Court
Wallace W. Austin
agt
The town of Tompkins
Due proof of the service of notice of trial by and on the part of the defendant herein having been made and the same having been reached in its order on the Calendar and the plaintiff having failed to appear and prosecute the same

On motion of E D Wagner of counsel for the Defendant it is ordered that the complaint be dismissed with costs

Supreme Court
Wallace W. Austin
agt
The town of Tompkins
This action having been called in tis order on the Calendar and the plaintiff not coming but making default thereof and the complaint having been dismissed together with the costs to the defendant, Now on motion of Alex Cumming Defendants attorney it is hereby adjudged by the said court that the said defendant recover of the plaintiff the sum of eighty seven Dollars for his costs and disbursements in this action
W.W. Grant Clerk
Filed Feb. 23rd 1870

[Jacket] SUPREME COURT
John Axtell & others
agt
The Town of Tompkins
Bill costs & Stipulation

Alex Cumming
Defts Atty
Filed Feb. 23rd 1870

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Supreme Court
Wallace W. Austin                    John Hess
      agst                                 agst
The town of Tomkins                  The town of Tomkins

Stephen Munderback                   Everett Blanshaw
      agst                                 agst
The town of Tompkins                 The town of Tomkins

Elbridge Hunter                      William H. Faulkner
      agst                                 agst
The town of Tompkins                 The town of Tompkins

James T. Edick                       Alvah Booth
      agst                                 agst
The town of Tompkins                 The town of Tompkins

John Axtell                          George W. Scott
      agst                                 agst
The town of Tomkins                 The town of Tompkins

Before notice of trial         10 00
After notice and before trial  15 00
Term fee for February 1867     10 00
September 1867                 10 00
January 1868                   10 00
September 1868                 10 00
January 1869                   10 00
September 1869                 10 00

Page 2     Brot forward        85 00
Postage                           45
Clerk entering judgment           50
copy Judgment attached to Roll    25
Transcript stamp & filing         17
Sheriffs fees on Execution        63
                               87 00
It is hereby stipulated that the defendants in each of the foregoing cases against each of the plaintiffs therein shall be taxed at eighty seven dollars for which amount Judgment may be entered for costs in each of the foregoing cases in favor of the defendant said actions having been discontinued
Reuben H Root
Plffs Atty

Note:Photocopies of individual cases are $4.00 each and for the Bill costs & Stipulation $1.00.
Shirley Houck, Records Clerk
P. O. Box 426
Delhi, NY 13753



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