Harmon, Jacob - Montgomery InGenWeb Project

It will be with great astonishment and regret that those conversant with the facts will lean that the Harmon case has finally been decided against Wabash College, causing a loss of $25,000 to the funds of that institution.

In 1885 Jacob Harmon, of Warren County, died and willed to Wabash College a section of land in Iroquois County, Illinois. This land, worth about $25,000, became part of the fund of the college and all went well for about two years. Then a nephew of Jacob Harmon bobbed up and filed suit in equity to set aside the provision of the will, claiming that during his life Jacob Harmon had promised to will him the land. This nephew had been living on the land as a tenant for several years under a written lease and had been paying rental. The suit caused little anxiety to the college as the pretext of the nephew seemed a flimsy one at best.

The issue was finally made, however, and the case came to trial before Judge Blodgett in the United States Court at Chicago. Judge Blodgett ruled in favor of the college and an appeal was taken to the United States Court of Appeals. Here after a year or so the case was heard by Chief Justice Fuller and Justices Jenkins and Gorsscup. They decided in favor of the college unanimously. Then a rehearing was asked and to the surprise of all was granted. The case was to have been heard by Justices Grosscup, Jenkins and Harlan and this seemed a certain victory for the college, but just before the trial Justice Grosscup was taken sick and Justice Bunn was substituted. The case was heard in Chicago and last Wednesday the finding was for the plaintiff. Bunn wrote the decision, Justice Jenkins dissenting. The tenor of Bunn’s decision was that it would be hard on the nephew to lose the case. He wholly ignored the law in the case and the evidence of the written leases.

Thus another legal farce has been enacted, calculated to bring the law into contempt and to encourage litigation on the part of unwarranted claimants and frauds. The Harmon case was heard by six justices of equal rank. Of these the college has the decision of four and the plaintiff of only two, yet the plaintiff wins. Again the unlooked for illness of a Justice causes Wabash College to lose $25,000. to be sure, a rehearing will be asked by the college, yet Judge Thomas, the college’s attorney, regards the case as practically settled. . – thanks so very much to “S” for all the typing