"Records and Briefs of the United States Supreme Court" 1903...(geez Pam your family keeps popping up in the court cases, theres another on file in the Florida Supreme Court on a family property/will dispute- this book is full of them)
Page 40
A. V. Caro vs. Booth, Jordan & Thorton, Trustees of the Pensacola City Co.
In Circuit Coun t, for Escambia County, Florida. Spring Term, 18fi9. State Of Florida, Escambia Count;/. To the Hon. Homer C. D'Lanty, Judge of the Western Judi- cial Circuit, holding Court in and for said County: Albert V. Caro, a citizen of said County and State, com- plaining of William A. Booth, Samuel Jaudon, and Nathaniel Thurston, trustees of the Peusacola tSty Company, and a citi- zen of the City and State of New York, who have been sum- moned upon a plea upon promising, etc. For that heretofore, to-wit: in the County aforesaid, 44 on the 9th day of September, A. D. 1865, said defendants were indebted to said plaintiff in the sum of eleven hundred and seventy-five dollars besides interest for watching, taking care of and attending to the landed interest in the City of Pensacola consisting of lots of lands, and County aforesaid, of said defendants, as well as taking care of, preserving and preparing a box containing valuable books and papers, belonging to said defendants from the ninth day of May, A. D. 1862, until the 9th, day of September, A. D. 1865, for which said defendants agreed to pay to said plaintiff thirty dollars per mouth, for his said plaintiff's care, labor and exixmses in taking care of, watching and preserving the aforesaid property during said three years and four months, making the amount due from said defendants to plaintiff twelve hundred dollars, of which amount said plaintiff received from said defendants twenty-five dollars, leaving said sum of eleven hundred and seventy live dollars, owing to and unpaid to said plaintiff, besides interest on the same, aud which said sum of money plaintiff has frequently demanded payment of, and which said defendants have promised to pay plaintiff in consideration of said labor, expense care of said defendants' property, books, papers, etc., yet the said defendants have never paid the said money so due to said plaintiff, although often requested to do so, but have hitherto wholly failed and neglected, and still fail, neglect and refuse to pay the same to plaintiff's damage two thousand dollars, whereof suit is brought and judgment asked for said sum of eleven hundred and seventv five dollars, with interest, cost, etc.
E. W. CULLON, Plaintiff's Atty. "Account or Cause of Action"—Messrs. William A. Booth, Samuel Jaudon and Nathaniel Thurston, Trustees of the Pensacola City Co.
To Albert V. Caro, Dr.
From 9th May, 1862, until 9th of September, 1865, making 3 Years and 4 .Months, at $30.00 per Month:
For the care, labor, trouble and expense for watch, taking care of lots in City of Pensacola, as w ell as a box containing books and valuable papers, from 9th of May, 1862, to the 9th of September, 18(5.r>, inclusive, at $30.00 per month,
making $1200.00
Less ('ash 25.00
Amount due besides interest $1175.00
45 Filed April 6th, 1869.
R. A. STEARNS, Clerk. We, the jury, find for the plaintiff in the sum of $600.00.
State Of Florida. Escambia County. Circuit Court, April Term, 1869.
A. V. Caro
vs. Assumpsit. William A. Booth and Others.
The defendants, by their attorneys, Jordan & Blount, come into Court and defend the wrong and injury, whence and for plea say, they did not assume promise nor undertake in manner and form as alleged by the plaintiff in his said declaration, and (tf this thev put themselves upon the country.
BLOUNT & JORDAN, Attys. for the Defendant. Filed Apr. 13th.
R. A. STEARNS, Clerl:
Escambia County, Circuit Court.
April 16th, 1869.
A. V. Caro
vs. Assumpsit. Trustees Of The Pensacola City Company.
Albert V. Caro, witness for the plaintiff:
Previous to the war, I was employed by Mr. Geo. Brainard, aud what work I did previous to the war, 1 was to attend to the lands when the war was about to break out, Major Chase discharged me, was out of employ, when Brainard left told witness he would see me paid for all services rendered thereafter. Brainard left upon the arrival of the first Confederate troops, at fhc time the Confederates were here, I could not do anything excepting watching the lands, Brainard acted as agent for the company and was so recognized by the community, when the Federal troops came, there gun boat came in first, then I could watch over the land and would report trespassers to the Provert Martial, frequently, fifty different times, did all I could to protect the property when the
Federals evacuated. John B. Cormly was the mayor of the city and papers, mails and books, belonging to the Pensacola City Company as well as some law books, I told Mr. Cormly here is the valuable books, papers, &c, belonging to the City Co. that I had been taking care of, everything that belongs to them, aud took them to the navy yard and put them in the marine barracks by permission of Shuttleworth to be taken care of and preserved, and then got my cousin, Mr. Caro, to write for me to Mr. Brainanl, in the course of time, we got a letter from Mr. Brainard, he was very glad to hear that I could take care of the things and so forth and so on, and I wrote again asking assistance from Brainard, he wrote back to send the books, papers and everything to New York directing me how to do it. I wrote back to him I could not send them to him unless he sent the money, and he wrote another letter answering this one stating to send the books, papers, and the company authorized him to give me some lots to build a comfortable house on, and also to make out my bill and send it. Cousin George made out the bill at $30 per month, amounting to $1200.00, and he sent it on to Mr. Brainard, New York, care of Sam'l Jaudon, No. 37 William street, he wrote back sending twenty-five dollars on account, it was a heavy bill and when their trouble was over they would settle the amount. Brainard got the books from my uncle, two or three days back; Brainard proposed to let me have two lots and pay the costs of the suit, never had any question as to my being employed, the only question was only as to the bill, left the books and papers with Mr. Caro to deliver them when called for by Mr. Brainard.
Cross Examination.
Was here and at the navy yard, took care of the land whilst here, asked soldiers not to cut the wood, and went to provost martial to prevent them, don't know the exact date when Brainard left here, I believe Young mentioned to me had no further use for me, the office was the law office of Jordan »t Blount, the war was going on, could not pay any men to take care of anything. Cormly, the mayor, had taken charge of the office, when I took care of the paper, was in Fort Pickens two or three months, I was at the navy yard nearly three years. Was watchman at the time, I got paid for what I done at. the yard. From Ft. Pickens I went to Baldwin County, Alabama. When Brainard returned here in '66, I was in Baldwin County with Maj. Harris, he got the papers from my uncle when they expected the marines at the yard removed the books. In conversation with Brainard he said he had made arrangements with the company to give me two lots, they said it was all I could have and I said I was entitled to the amount of my bill.
A. V. CARO.
George W. Caro, for the plaintiffs:
The only service I know he rendered, he had some books which he was taking care of for the company. The first 1 knew of it was when the Federals occupied Pensacola, April or May, 1862. Our law officer packed the books and papers in boxes, when the troops went to the navy yard he took the box with him, and by his request I wrote letters to Mr. Brainard for him, he received a letter from Mr. Brainard with $25. I did not see the money that was in the letter, I made out a bill for him of about $l 200.00, and sent the bill, I think, to New York City Company. Mr. Brainard wrote to him to ship the books.
GEORGE W. CARO.
Phillip A. Caro, for plaintiffs:
At the evacution of Pensacola, 19th of March, 1863, at that time the mayor and alderman occupied the little office, which Mr. Blount occupied before the war. After we were at the navy yard, some time after Col. Shuttleworth said to me that they were a box of books and probably valuable papers, which Albert V. Caro had put under his tare like, and requested me to see him or to take charge of them as he was order away and they might be useful to somebody, then Albert took the books and papers whatever they were I did not examine them, and brought them to my house for safe keeping, they were kept there in two small boxes, until Mr. Brainard came back and at his request, I sent them the two small boxes here at Mr. James Knowles store, Mr. Brainard was agent of the Pensacola City Co., Mr. Brainard said he would pay the expenses, he asked me what was the expenses, I did not ask anything for taking care of the books. Mr. Brainard said to me that if Caro would drop the suit, he would give his wife two lots, as he did not think it would do him any good at all.
Cross Examination.
The books and papers went down a public steamer.
PHILLIP A. OARO.
GEOrGe Brainard, for defendants:
I was employed as agent of the Pensacola City Co., came here and found they were cutting growth and carrying off sand from company property, and at the request of Maj. Chase in 1859, I employed Albert V. Caro to try and prevent the cutting of the growth on the land and hauling off sand, I think I employed him first of May, '59, I discharged him the fourth of Feb., '60, at a salary of $30.00 per month, which I fully paid him, he was not employed by me or any one as agent of the company, not to my knowledge since that time, during the fall or winter of T>0 or spring of 'fiI, I let him move into a small house which the company owned in back of the graveyard, and he was unable to pay any rent, so I told him if he could prevent any person from cutting timber on any land as remuneration, to do so, as he was unable to pay any rent. It became very troublesome at times here, the state seceded in Jan'y, 1861, feeling unable to do anything here on account of troublesome times, I left in May, 1861. I did not employ Caro as agent before leaving here, at the direction of Maj. Chase, one of the trustees of the company, I turned over to Mr. Blount all the books and papers of the company. On reaching north, I found my salary had been discontinued, I resigned my agency on the 1st of Jany. following, I was not the agent when I received some letters from Albert V. Caro stating that he had saved some books, papers and etc., the description of the papers was so indefinite, I could not make out what papers he had saved, or the value of them, I submitted the matter to the trustees at New York, not as their agent, but as the agent of Mr. Caro. Caro represented he was very poor, at my request one of the trustees advanced twenty-five dollars. I requested Mr. Caro to send on the books and papers, which he refused to do. Did not consider the company was in his debt, but would out of sympathy select two lots and give him a home for him and his family, that if he would dismiss the suit, I would try and carry out the agreement, I never told Caro when I left here that I would see him paid.
GEORGE BRAINARD.
Col. A. C. Blount was employed ax an attorney for the company at the secession. I considered my agency at an end, left copies of papers of the company and maps in the office, they were of no value only as copies, the original being in New York, all other papers of value I took with me.
AL. C. BLOC NT.
Phillip A. Caro:
1 don't know what value Mr. Brainard put upon the papers, Rrainard appeared anxious to get them, he said they were very important to the company.
PHILLIP A. CARO.
______________________
David Upton