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Failure, Fraud and the Law
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Failure of a merchant at Genoa or Legorne |
"at Genoa this rendent tooke in some pte of her lading & was to goe
to Legorne to take in y:e remainder, & at his arrivall at Legorne
the merchant who freaighted this rendents ship failed so that this
rendents designe was overthrown" |
TNA,
HCA 13/129: Personal
answers of Thomas Ewens: Allegation: Humfrey ffosse, John Tucker & Charles
Howgate: Date: 2nd June 1659 |
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Bankruptcy of a merchant not known for some time |
"4 Itmm interr. Whether before the shippe Stockholme came from
Stockholme, and before the Iron in controversie was Laden aboard, was
itt nott commonly and generally reported that the said Godfrey Deleau
was bankrupt or failed in his estate and in what moneth did the said
wittnesse first heare that the said Deleau was failed. Et fiat ut
supra." |
TNA, HCA 23/19: Document Number: 237: Case: The Stockholme:
Date: ?mid-1663 |
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False bills of sale to manipulate ownership of goods following a merchant's failure |
"Hee doth beleive the said de
Silvera not knowing the said ffrancis Pardini was failed did send the
bill of lading unto him as he beleiveth but hee doth not beleive the
said John Thacker did really buy the said wood of the said M:r Pardini
or pay him any thing for the same, neither doth hee beleive that the
said M:r Pardini or any other merchant that is failed hath a legall
power to make any sale of any goods that come to him during the time
they absent and are not able to pay their debts, but hee doth beleive
the said M:r Thacker being imployed by y:e said M:r Pardini as his
sollicitor to make his composicon with his creditors hee & the said
M:r Pardini did contrive together to gett the said goods into their
hands if possibly they could and in order thereunto he beleiveth the
said M:r Pardini did colourably, and fraudulently signe the bill of sale
or schedule alleadged and deliver the same for his XXX as hee
beleeveth...
To the sixth hee answeareth that hee doth beleive that the said M:r
Pardini did in further prosequucon of the said fraudulent contrivance
betweene him and the said M:r Thacker his sollicitor endorse the bill of
ladeing as is alleadged but hee being soe failed & absented hee
doth beleive the same is utterly voyd and of noe effect." |
TNA, HCA 13/129: Personal answers of Augustine
Coronell: Allegation: John Thacker: Date: June 23rd 1659 [Answer given June 1659, referring to events in 1649] |
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Failure of a merchant leading to forced sale of a ship to pay mariners' wages |
"the said Antonio van Voozt then told this Depo;t that if hee did not
dept from thence with the said ship without further trading There, hee
would forthwith force this depo:t and y:e sd Ship and Company thereof to
Dept thence; or to that effect, All w:ch words and XXXions passed
betweene this Depo:t & y:e sd Van Voozt on board On board the sd
Turtle Dove in the Molaine and English Language but w:ch Languages the
said Van Voozt, and alsoe this Depo:t well spake & understood and
saith that one Kaleb ?Kime Mate of the Bantam heard some of the said
words" |
TNA, HCA 13/73 Part Two: Case: S:r John Dethick Knight, Edward Bolle, John
Bancks Richard ffoord, Edward Mico, William ?Pretman and Company,
concerning the Bantam ffrigott: Deposition: 4. Thomas Newman, of Mile
End, Stepney, Merchant, late Supra cargo of the Bantam ffrigott, aged
43: Date: Aprill 16th 1658 |
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Composition with creditors |
"y:e arlate ffrancis Pardini is (as this Depo:t hath heard) failed) in
Estate, and y:e arlate John Thacker (as this Depo:t hath also heard) is
Employed to make y:e said Pardinies Composicon with his Credito:es" |
TNA, HCA 13/73: Case: Mayflower vs. XXXX: Deposition:
2. John Stannian, of the City of London; Gentleman, aged 26: Date: September
23rd 1659 |
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