Discharge of Assignation – Thomas Galbreath - 1777
At Glasgow the tenth day of November In (seventeen
hundred) and seventy seven
years In presence of George Milne once …….. of the said burgh
compeared William Douglas Merchant in Glasgow who gave in the original
discharge & Assignation after insert wrote on paper duly stamped
desiring the same may might be reg.. in the aforesaid Burro? Court books
as a probative writ(e) Of which original Discharge and Assignation the
tenor? follows We the subscribers and designed in the Subscription clause
underwritten Trustees for the creditors of Andrew Stephenson, Merchant in
Glasgow Elected under the authority of an Act of Parliament made, in the
twelfth year of the reign of His present Majesty King George the third,
Entitled an Act for rendering the payment of the creditors if insolvent
debtors more equal and expeditious ? in Scotland, Any four of us being a
quorum, And I David Russell Merchant in Glasgow considering that the said
Andrew Stephenson and David Russell and Thomas Galbreath Merchant
in Glasgow New York having been concerned in a Company business
& trade carried on and in the firm of Thomas Galbreath and Company
the said Thomas Galbreath did some time ago make a transaction with the
said Andrew Stephenson or the trustees on his estate And with the said
David Russell Whereby he agreed to pay and they accept certain sums of
money In lieu and as the value of the said Andrew Stephenson & David
Russell their respective shares and interests in the said concern And
seeing the said Thomas Galbreath did formerly make payment of certain sums
of money in part of the said value and hath now accepted two bills both
dated the fourth day of April last, One of them for five hundred pounds
Sterling payable to the said trustees and the other for sixty pounds
Sterling payable to the said David Russell Both payable six months after
date, And which, when paid, will be in full of the price and value of the
said Andrew Stephenson & David Russell their respective shares and
interests in the said concern, Therefore we the said trustees with consent
of the said Andrew Stephenson, and I the said David Russell for myself Do
hereby not only exoner And for ever discharge the said Thomas Galbreath
and his heirs executors & successors of the value of the said Andrew
Stephenson, and David Russell their respective shares and interests of and
in the said concern And all claim and demand competent for the same with
warrandice at all hands And against all mortalls But also sell convey and
make over to the said Thomas Galbreath & his heirs or assignees the
said Andrew Stephenson & David Russell their respective shares &
interests of and in the sums debts effects and subjects owing &
belonging to the said concern of Thomas Galbreath & Company With all
the accounts bills bonds vouchers documents and securities of the same,
and all that has followed or is competent to follow on the same And with
power to ask, demand, levy, receive, sue for, Use Disperse of Discharge
and Convey the premises at pleasure But always With and under the burden
As the said Thomas Galbreath and his foresaids shall be burdened with and
obliged to make payment of all the debts, if any be, owing by the said
concern And we oblige us to
warrant the said conveyance from fact and deed
?arly declaring that any receipts or discharges formerly granted
for partial payments of the foresaid value shall not inferr Double payment
Consenting to the registration hereof in the books of Council and Session
or of any other competent Court Wherein to remain for preservation And
Constituting ………… … Procurators for that purpose, In witness
whereof these presents consisting of this & the two preceeding pages
written upon stamped paper by William Grahame Clerk to Thomas Grahame
Writer in Glasgow Are subscribed with the marginal addition on the first
page Writer foresaid by me the said David Russell And by us John Auld,
Simon Brown, Andrew Blackie & David Elliot Merchants in Glasgow four
and a quorum of the trustees for the creditors of the said Andrew
Stephenson And by the said Andrew Stephenson himself All at Glasgow the
fourth day of November seventeen hundred and seventy seven Before these
witnesses Patrick Masden? Clerk to Brown Merchants in Glasgow & George
Webster Clerk to the said David Russell (…..) John Auld Simon Brown
Andrew Blackie, David Russell, Andrew Stephenson, David Elliot, Patrick
Masden? Witness George Webster Witness.
Received of the original by me
the Presenter thereof Mr. Douglas
Acknowledgments
to Glasgow City Archives
- ref :- B10/12/4
|