File: 200229__.wpd
Type: Handwriten letter
Remarks: Letter written by Briscoe G. Baldwin, member of the legislature; addressed to Mr. Hardin Duke, Jacksonville, Louisa Co.

Staunton, Feb. 29th 1820.
 

Dr. Sir,

 My duties as a member of the legislature having kept me from home nearly the whole of the winter, I did not receive yours of the 9th Dec until a few days since.  From an expression in your first letter, I thought it probable that you expected me to see the Mesrs' Hustons, and endeavour to adjust the claim without a suit, if practicable.  A difficulty accurred, however, as to the manner of bringing the suit.  No person can bind another, not even a partner, by a sealed instrument, without an espress authority to do so.  The bond is signed "Geo & Wm. Huston" & has but one seal.  The principal object of the enguines in my letter was to ascertain by whom the bond was signed, whether by Geo or Wm. Huston, whether both were present at the time, & if not, whether the one who signed was espressly authorized by the other.  It seems from your last letter that you are not able to give the desired information.  I must endeavour to make out without it.  I shall be in Rockbridge next week, & will see the Mesrs' Hustons, if I can; & if the matter cannot be amicably adjusted will bring suit.

 As to your claim for expenses, it cannot be recovered in a suit on the bond.  If necessary to sue for it, you must warrant before a magistrate - the two dollars which you sent were paid to me by Genl Brown.

   Res. your obt. Servt.

  /signed/ Briscoe G. Baldwin

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