Herkimer v. Nigh

In 1878, Jacob D. Herkimer was receiver of the Grayville and Mattoon Railroad Company, and entered into a contract with Fuller Nigh, whereby said Nigh was to construct the unfinished portion of the road between Prairie City and Mattoon, for the sum of $91,038, from which some deductions were to be made for work already done and material furnished. Nigh, at request of Herkimer, paid out $5,000, for right-of-way, $149.75 for grass seed, and several other small sums; and in June he got a check from Herkimer as receiver for $5,000, and not at the time having use for that amount, he loaned…