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Hoi Consideration Compts services as reach
er, promised TO pay him $500 per annum
that IN compliance with said contract Com
piainant removed to Holly Springs and
entered upon his duties as Teacher in said
Institute, the first of January 1888. and con-
tinued IN the employment of Teacher under
SAID contract during the years 1888 and
1889. ttat in the year 1889 while he was
engaged as reacher. the Institution, obtained
a Charter incorporating it under the name
Of The University OF Holly Springs,n upon
settlement between omplainan and defend
ants tor bis services, the two years, il was
found that they were indebted 10 Compt a
balance OF 5607, ,45, some time after said Ia,
sinutlon Vas incorporated, Comp was told
by the trustees by whom he had been EN-


Ployed. that transfer of the institution had
taken place othe new Board under the act
of incorporation, that the new Board would
come into possession the lots and buildings
that ;bey had other funds in donations and
subscriptions, and had given bonds with
good individual security TO satisfy all the
liabilities of the old Bond, so that if Comp
would agree to take the obligation of the
new Board for the balance of his Clam up
on defendants, that it would be entirely safe,
that influenced by these representations on
the part OF defendants, Compt was induced
20 assent TO the arrangement, and on the II
November 1910. the new board executed to
/ Compt their prOmlssory note for the sum OF
S607. 45, the balance Of his claim against
the old board, that Com2t brought ST it on
said note against the new board, that iudg-
ment was rendered thereupon at the June
Term of the Circuit Court or Marshall
| County 1871, and execution issued thereon.
and returned nulla bona by the Sheriff. said
new board, or said trustees of the Univer-
sity Of Holly Springs as a corporate body
having no effects 0 ut of which Compls
claim could be made. that trustees of said
Literary Institution who employed Compl
as Teacher, and who upon seltlemen; were
indebted and liable to Compl IN their indi-
vidual capacity, and knew when they in
duced Compl to transfer his claim from them
to the new board that said new board would
be liable only in their corporate character,
and that in that character were wholly des.
titute of means to discharge comps claim,
that all the representations made to him by
defendants in regard to the sovency of the
new board, were wholly false and fraudu,
lent, and that defendants knew them to be
so, and made them for the purpose Of fraud


ulenty and dishonesty. avoiding the pay.
ment OF compls claim that many if not m osl
ofthe trustees Of the Literary Institution
/ we're also members Of The new board, after
tie Institution had been incorporated.


PRAYER, that the judgment aforesaid and
the note on which it is founded be cancelled


and that defendants be compelled to pay
CompI his claim with all interest and costs
and for general relief


LUCAS, LANE s. CLAPP, So? rs