still standing in the names of Reeside and Avery, refused to pay for the
services under them, otherwise than by credits to Reeside; afterward,
however, he divided the compensation, still crediting one half to
Reeside, and directing the other to be paid to the order of Avery, who
disclaimed all right to it. After discontinuing the service, these
petitioners, supposing they might have legal redress against Avery,
brought suit against him in New Orleans; in which suit they failed, on
the ground that Avery had complied with his contract, having done so much
toward the transfer as they had accepted and been satisfied with. Still
later the department sued Reeside on his supposed indebtedness, and by a
verdict of the jury it was determined that the department was indebted to
him in a sum much beyond all the credits given him on the account above
stated. Under these circumstances, the committee consider the petitioners
clearly entitled to relief, and they report a bill accordingly; lest,
however, there should be some mistake as to the amount which they have
already received, we so frame it as that, by adjustment at the
department, they may be paid so much as remains unpaid for services
actually performed by them not charging them with the credits given to
Reeside. The committee think it not improbable that the petitioners
purchased the right of Avery to be paid for the service from the 1st of
January, till their purchase on May 11, 1835; but, the evidence on this
point being very vague, they forbear to report in favor of allowing it.




TO WILLIAM H. HERNDON--LEGAL WORK

WASHINGTON, January 19, 1848.