Document Signed, “Peters & Lincoln,” one page, 7.75 x 5, docketed on reverse by Lincoln (noting case title), and with a second docket in another hand: “Filed May 6,1850.” Endorsed along lower edge of reverse by opposing attorney [Lincoln.]
Lincoln legal brief for a case between Francis Coburn and John Lee. In full: “And the said defendant comes and defends the wrong and injury when, where &c and says plaintiff actio non, because he says he did not undertake and promise in manner and form as the said plaintiff in his said declaration has alleged; and of this the said defendant puts himself upon the county.” This case arose from John Lee’s claim that Francis Coburn owed him $600 for 5 years of labor as a servant. Lincoln’s defense argued that there was no written contract, guarantee, or promise between the parties. After the jury heard this evidence, John Lee refused to prosecute this case further. Oliver L. Davis represented the plaintiff. The Judge in this case was David Davis, whom Lincoln would appoint to the Supreme Court in 1862.
In fine condition, with a small area of paper loss and nearly invisible professional reinforcement along horizontal fold. Accompanied by a collection of ephemera including: an issue of the Daily Illinois State Journal from July 27, 1857, featuring an ad for “Lincoln & Herndon, Attorneys and Counsellors at Law”; a rare hand-colored carte-de-visite portrait of Lincoln in a tin frame with original U.S. postal stamp, by ‘Story Brothers, Peoria, Ill; a cabinet-size albumen portrait of Lincoln seated; a small albumen portrait of John Wilkes Booth; a carte-de-visite showing the Lincoln family; and a Lincoln ‘Campaign Songster’ booklet. Seven total pieces comprise this lot.
Following his single term as Congressman in Illinois, which ended in 1849, Lincoln returned to his legal practice. At the time that he penned this brief, he was serving as a defense attorney on the Illinois Eighth Circuit Court, traveling from one county seat to another and accepting cases directly from defendants or, as in this document, reinforcing local attorneys’ cases.
A superb piece from the future president’s famous days as a prairie lawyer, written entirely in his distinctive hand. Legal brief alone sold for $3696 R&R, May 2013, lot 68. Pre-certified PSA/DNA.
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