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Benjamin Franklin Butler to MVB, 13 October 1815

Dr. Sir, 

You are unquestionably entitled to costs on every bond now in your hands, and so I intended to charge every person who called for settlement. But I will issue writs for ^upon^ all except three or four against some Lawyers in that county & a when I have more leisure file bills agt. them.

The New York cause has long since been noticed for trial. The notes of issue have not been sent to the Clerk, nor can I for I have forgotten what the pleadings were. Mr. Elofson has them & must make it out. The Schoharie cause was also noticed a month ago. 

About the bond of Spafford, I can not say much more than before. Southwick did not explain particularly to me, but said he did not know that he was now bound to secure the payment of the debt. I asked the Comptroller as to the particulars, and he showed me the two acts. He said he had heard it suggested that he ought to have taken a new bond from Spafford & by not taking such an one as the statute directed the first security was lost. I will see more Allen & the others & make more enquiries on the subject so that when you come up after term you can have a more perfect view of it. It is not probable that the Interest will be paid, for it amounts his other bond for $3000 also is handed over. Dr. Stearns is the security there. I am to call on him before the bond is prosecuted.

I will attend to your Chancery memorandum to day, but if you go tomorrow I can not send you the information required before you leave Hudson. 

There is a Mr. Muzzy of New York who upon whom as the general agent of Mr. Jaques, a bill was served for Clerks fees. Jaques is in the West Indies. Muzzy has written for the amt. He mentions with apparent satisfaction that the bill is only states $23.39 to have been due on the 1 Octo 1815 1 June 1814, and seems to suppose "the vigorous course of providing which has been adopted" a mistake. But Mr. M. Had forgotten the interest altogether, in his calculations, for with that the bill exceeds $25. I shall send him the amount of debt & costs & direct him to pay to you at the term. I shall send three writs to Mr. Hubbard, one against Nicholas Romayne & another agt. Edmund Pruyn. 

With respect your friend & Servt

B.F. Butler 

P.S. Mr. Bleecker tells me they will come to the Bissell cause this morning. The Sherman cause was passed last night, no body in Court on the part of Sherman. I suppose they staid away on account of their arrangements with King, tho' h says he has not settled with them. 

The man was convicted of manslaughter, who was indicted for killing the child by riding over her. Mr. Livingston I think did extremely well in that case. 

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Source: N New York State Library
Collection: Benjamin Franklin Butler Papers (N)
Series: Series 3 (17 February 1815-2 December 1821)