MRP: C5/54/40 f. 1
C5/54/40 f. 1 Ford v. Cutler, 1668
Abstract
Transcription
//Jurat 22:o Oct: 1668.// //?Marshe//
//IUST ?ISUYNE//
//The severall answers of William Cutler Esq:r onf of the Def:ts to the Bill of Comp:lt of S:r Richard fford Kn:t//
//And John Buckworth Merchant Comp:lt//
//All advantage of excepconns to the incertaintyes insufficiencies and manifest imperfecconns of the Comp:lts Bill of Comp:lt to this Def:t now and att all tymes hereafter being saved & reserved for answere thereunto or soe much of y:e said Bill of Comp:lt as any way materiall concernyth//
//this def:t to answere unto, this Def:t answereth and sayth, That true it is about the tyme in the Bill for that purpose sett forth there was a treaty by and betweene the Comp:lts and the other deft:t S:r William Rider, and this def:t touching the sayd trade of Iron and Copper in y:e Bill named//
//to be carryed on ioyntly betweene the Comp:lts, the sayd S:r William Rider and this def:t in Coepartnershipp, and that itt might be alsoe agreed betweene all parties that there should be a Stocke forthwith raised in order thereunto but doth not remember itt was agreed that the said Stocke soe to be//
//raised should be placed in the hands of y:e sayd John Colvill of London Goldsmith as by y:e Bill is p:rtended And this Def:t doth alsoe beleive y:e itt was agreed betweene the Comp:lts the other Def:t S:r William Rider and this Def:t that the sayd trade of Iron & Copper should be managed//
//by the Comp:lt John Buckworth and this Def:t in both theire hands and sayth that most if not all the letters of advise sent, of Goods bought abroad and sent home did runn as well into the name of the Comp:lt John Buckworth and the name of this def:t as by the same Letters//
// of advise ready to be pduced may appeare, This Def:t further sayth itt may be true (although of his pticuler knowledge he doth not remember the same) that itt was agreed ??all moneys att any tyme then after should be borrowed upon the accompt of the sayd ioynt trade should be payd//
//in to the sayd John Colvill to be used upon y:e sayd ioynt trade & not otherwise and noe money to be yssued forth without the orders and direcconns of all partners & for equall benefitt & y:t true itt is the Comp:lt John Buckworth and this Def:t in purformance of the sayd Coepartnershipp did give//
//orers to the sayd Samuell Sowton and Thomas Cutler in the Bill named being ffacto:rs resideing att Stockholme to buy certaine quantityes of Iron and copper and to consigne the same and draw such Bills of exchange to the vallue XXX y:e sayd John Bancks and Charles Bancks William//
//Vandervoort and John Vandervoort Merchants beyond the seas as in the Bill is sett forth who for theire reimbursem:t were ordered to draw like bills upon the Comp:lt John Buckworth and this def:t here in England And this Def:t further con sayth he confesseth itt too XXX ??sewall//
//quantitityes of Iron and Copper were bought by the sayd Sowton and Thomas Cutler att Stockholme upon accompt of the sayd ioynt trade and by them sent for England and sayth that if any of the pticuler Bills of ladeing were consigned to this Def:t in particuler without//
//nameing the Comp:lt John Buckworth (w:ch is more than this def:t knoweth) yett all the Letters of advise were as well to the Comp:lt John Buckworth as this Def:t and further sayth that true itt is great quantity of Iron and Copper were recvd being parcell of w:t were soe ??Lent but//
//other pcells which were soe sent were lost at sea by ship wrack but the pticulers of w:t came safe to Land this def:t cannott now exactly sett forth insoXXXX that the pticuler Invoyces w:th the Accompt thereof were long since ??desired by the Def:t to the hands of one Peter Proby sonne in//
//Law to the Comp:lt S:r Richard fford who was the pson appoynted by all parties to receive and keep the Accompt of y:e sayf ioynt trade to w:m Invoyces and accompts thereof soe delivered to the sayd Proby this def:t must and doth referre himselfe But this def:t sayth that for his//
//ptiuclar part he did XXXX XXXXX any parcell of the sayd Iron and Copper in ?Solo or otherwise to any person wXXX without the privity and ioynt consent of all parties, saveing onely a small quantity of Iron w:ch was soly by one Patrick XXXX then servant of this Def:t unto one Thomas//
//Westerne of London Ironmonger the pticuler Accompt whereof this Def:t cannott att p:rsent exactly settforth in respect that the sayd Lyle is in parts beyond the seas and kept the pticuler Accompt thereof w:ch this Def:t hath nott att p:rsent but this Def:t possitively sayth y:t XX same Iron w:ch was//
//soe sold to the s:d Westerne did not in the whole amount unto above the summe of Two hundred pounds and saveing alsoe one other parcell of Copper plates conteyning one hundred twenty & ffive in number w:ch this Def:t did ?ingage by way of security unto S:r Thomas Chambers of//
//?Bows knight for y.e summe of three hundred pounds w:ch summe this Def:t confesseth to kXXX recvd of the sayd S:r Thomas [yellow sticker obscures some words] part whereof of this def:t did necessarily expend towards the discharge of Customes ffreight and other charges ?incident to the//
//thXXXXing of the sayd Iron and Copper, and as to w:t other part and pcell of the sayd Iron and Copper anyway [yellow sticker obscures some words] thereof not herein before mennconed were sold by the consent of the Comp:lt and the s:d S:r William Rider to the Royall Company//
//of w:ch company the s:d Comp:lts and the sayd S:r William Rider are Members and could not choose but take notice [yellow sticker obscures some words] if not all were Com:ts for y:e sayd Company att that tyme and may att any tyme att theire pleasure repaire to theire//
//Bookes wherein the Entryes thereof are made But this Def:t denyethy:t he hath made any such great pfitt to him XXXX [yellow sticker obscures some words] sent over by the sayd Sowton and Thomas Cutler as by the Bill is P:rtended XXX XXX true itt is this Def:t confesseth that he//
//thsi Def:t did buy of the sayd Royal Company a certaine quantity of Sugars by the Candle w:ch was bought by [yellow sticker obscures some words] the sayd S:r William Rider w:ch said S:ir William Rider was then one of the Com:ts for y.e sayd Company and made sale thereof but y:e expresse summe//
//w.ch this def:t was to pay for y.esayd sugars to the sayd Company this Def:t cannot now exactly sett forth [yellow sticker obscures some words] sayd Bookes, w:ch sayd Sugars soe bought this Def:t doth confesse he did XXXXX to sale and did thereupon ?raise sewall//
//summes of money and out of the sayd money soe raised upon sale of the sayd sugars did pay sewall Bills [yellow sticker obscures some words] Buckworth and this def:t from parts beyond the seas and otherwise how in London upon the accompt of the s:d ioynt//
//trade the pticulers of all w:ch summes soe payd by this def:t being very ?many this def:t cannot now pticXXX [yellow sticker obscures some words] deliver an accompt of great pt thereof already to the sayd Proby whereof this Def:t hat noe exact Coppy but yf y:e s:d accompt//
//there?of already delivered to the sayd Proby may be pduced to this def:t will be ready to add thereunto the residue [yellow sticker obscures some words] farr as he is att p:rsent able although he cannot exactly doe the same without the Assistance ofe y.e s:d Patrick Lyle & Samuell//
//Sowton, and both of them ?all this Def:t is informed XXXXXX intend to be in England in order to the XXXXXX [yellow sticker obscures some words] sayth he beleives itt to be true that the sayd Sowton and Thomas Cutler after they had sent the sayd Iron and Copper did//
//draw such Bills of Exchange upon the sayd John and Charles Bancks and William and John Vandervoort [yellow sticker obscures some words] Bills of like vallue upon the Comp:lt Buckworth and this Deft:t w:ch Bills the def:t payd and the Comp:lt Buckworth and S:r//
//Richard fford did XXXXXXXXXXXXXXXXXXXXXXXXX towards the discharge thereof and this Def:t confesseth itt to be true that the XXXXXXXXXXXXXXXX pounds was taken up of the sayd Colvill to carry on y.e sayd ioynt stocke and that this def:t as well as the Comp:lt John//
//Buckworth and the other Def:t S:r William Rider did XXXXX XXXXXX under theire hands for payment thereof as in the Bill in part of discharge whereof this Def:t hath payd to the sayd Comp:lt the summe of three hundred pounds but neithyer the Comp:lt John//
//Buckworth nor the other def:t S:r William Rider hath payd any part thereof to the Def:ts knowledge XXX this Def:t further sayth that there being new orders sent to y:e sayd Sowton and Thomas Cutler for buying more Iron and Copper for y:e s:d ioynt trade ??itt ??was//
//thought convenient by all ptners y:t a further stocke of money should be raised to carry on the sayd ioynt trade and doth beleive itt alsoe to be true y.t the other def:t S:r William Rider did ppound to take up y:e XXXXX of XXX XXXX XXXX XXXXX of the other def:t Richard Bayly his sonne in Law att ffive//
//pound p Ann p Cent upon the Comp:lts y:e s:d S:r William Rider and this def:ts Bond and that all the sayd ptners all well as ?this def:t did seale [fold in document obscures some words] ffowr thousand pounds condiconned for payment of Two Thousand pound w:th Interest att ffive//
//pound p Cent as in y.e Bill is sett forth, but whether there was any such trust or agreement that the sayd Bond should not be delivered to y.e sayd Bayly untill y:e sayd Two Thousand pounds were payd in to the sayd Colvill upon the Accompt of the s:d ioynt Stocke as in the//
//[fold in document obscures many words] S:r William Rider, was the sole pson that did manage y:t concerne, and whether y.e sayd Two Thousand pound were really lent by the sayd Bayly or not, or to whome payd, this Def:t knoweth not nor dXX//
//?ever either directly or indirectly receive pXXXXXXXxx XXXXXXXXXXXXXXXXX def:t answere or say anything to y:t part of y.e Bill tending to a ??discord here y.e matters stood betweene y:e other def:t S:r William Rider and Bayly touching y:e lending and borrowing of y:e s.d Two//
//thousand pound And this Def:t sayth true itt is there hath beene great dealings betweene the other def:t S.r William Rider and this def:t and this def:t beleiveth and hopeth to prove y:t the s.d S.r William Rider is a very great and considerable summe in the debt XXX [INSERTION WHICH IS UNREADABLE]//
//and yett notwithstanding this def:t verily beleiveth by y:e instigation of the s:d S:r William Rider y:e sayd Bayly did cause this def:t to be sued upon the say:d Bond of ffour thousand pound penally in the Kings Bench and long XXXX XXXXXX Judgment thereupn//
//to y:r great ?impare of this def:ts reputacon notwithstanding this def:t never had a pound of the sayd money nor doth knoweth whether same were lent by the sayd Bayly, or not, but if the sayd Two thousand pounds were really lent & brought into//
//the ioynt stocke by the other def:t S.r William Rider this def:t will be ready to pay his ffourth part or share thereof w:th interest if y:e Comp:lts and y.e other def:t S.r William Rider will pay there like shares and discharge thereof and as to y:e Eight hundred//
//pound borrowed of y:e sayd Colvill this Def:t haveing payd three hundred pound thereof already w.ch is more than this def:ts sharecomes to this def:t hopes he shall not be inforced to pay and further part thereof but that y.e Comp:lts and y:e other def:t S:r//
//William Rider will discharge y:e same yett this Def:t is sued by y:e s:d Colvill att Common Law in the Court of Kings Bench for y:e sayd Eight hundred pound in an Accon of y:e Case upon a genall ?Indebtat assumpsit as well as y:e Comp:lt John Buckworth and y:e other def:t//
//S:r William Rider but this def:t doth not know howbeit itt may be true y:t y:e other de:t Richard Bayly doth now alsoe sue y:e Comp:lt John Buckworth upon y:e sayd Bond of ffour thousand pounds And this def:t denyeth y:t he doth know or did heard (Or, heare) that there//
//was any agreement made betweene y.e Comp:lts the s:d S.r William Rider and this def:t or any of them y:t the sayd Eight hundred pound soe borrowed of the sayd Colvill should by payd and discharged out of y:e sd Two Thousand pound intended to be borrowed//
//of the s:d Bayly if in trueth the same were lent and this def:t utterly denieth that ever he confessed y:t he this def:t to the best of his remembrance had made three hundred pound pffitt or any other summe wsoever in the s.d ioynt trade in Iron & Copper//
//neithyer is itt reasonable to suppose any pffitt could be made thereof in respect y:t some part thereof was lost att sea by shipwracke as aforesd and other great part thereof did suffer much damage by the late ffyer in London when the Citty was Burnt And//
//this def:t doth alsoe expressly denye that he this def:t did att any tyme undertake or agree y:t he this Def:t would take up y.e sayd XXXXX trade upon himselfe and pay and defray all y:e debts and charges thereof or did make any p:rmisse wXXXXX in XX//
//relacon thereunto And this def:t alsoe denieth y:t he this def:t ever reced any penney of money of y.e other def:t S.r William Rider as part of the says two thousand pounds or upon y:e accompt of the sayd ioynt trade menconned in the Bill although true it is//
//this def:t hath recvd divers summes of money of y.e s:d S:r William Rider upon diverse other accompts and dealings betweene them
//Jo: Vincent [signature, bottom RH corner]//
Commentary
