David Josiah Brewer

“ It is urged by defendants that these letters were not written on the dates they bear, but long after Lot Chadwick had acquired his interest in the realty, and for the purposes of bolstering up this suit; and there is some reason to believe that their contention is correct. But we do not deem it necessary to rest upon this, and for reasons which will become apparent when other facts disclosed by the record are stated. Preliminary thereto it may be well to notice that these letters do not in terms either propose or assent to a rescission of the settlement. ”

“ If McLean did not himself arrange the terms of this settlement, if he was not at the time it was made fully informed of the character and value of the securities taken in exchange, he did become so fully informed in 1861, when he visited Amboy, and, discharging Ives, transferred his affairs to the control of Arnold. ”

“ The consent of Ruggles W. Clapp to this arrangement is evidenced, as is claimed, by two letters, as follows: 'New York City, May 15th, 1863. M. L. Arnold, Amboy, Ill. Dear Sir: Your letter of 20th ult. is received, and contents noted. About those notes and securities left in your hands by McLean, you write that they are worthless, or nearly so. I think something can be made off from them. You sell them, and make the most you can; apply on mortgage I gave McLean. Any arrangement you can make with my brother Henry to compromise the matter will be satisfactory to me. ”