Simon's Family History

Court of Chancery

Complainant's Pleadings
6th Nov 1793
 
 

To the Right Honourable Alexander Lord Loughborough
Baron of Loughborough in the County of Leicester
Lord High Chancelor of Great Britain.

Humbly Complaining shew unto your Lordship your Orators Richard Miller James Jenkins and William Redaway of Gravechurch Street in the City of London Wholesale Linendrapers and copartners That William Stark of Painier Street in the said City of London hath for some time part carried on the business of a Money and Bill Broker and as such hath been employed by various persons in getting Bills of Exchange and Promissory Notes discounted and for so doing he received commission according to the amount of the Bill or Note so procured to be discounted

And your Orator further shew unto your Lordship that your Orator on or about the fifteenth day of April last drew a Bill of Exchange on William Stock of Bishopsgate Street in the said City of London Linendraper in the words and figures following that is to say - £396.13 - London 15 April 93 - Two months after date pay to our Order three hundred and ninety six pounds 13/ value reced (received?) - Miller Jenkins and Redaway - To William Stock Bishopsgate Street" - As by such Bill of Exchange now in the Custody or power of the Defendants hereinafter named some or one of them when the same shall be produced to this Honorable Court will appear

And your Orators further shew unto your Lordship that the said Bill of Exchange having been accepted by the said William Stock was indorsed by your Orator and delivered by them to the said William Stark in the way of his business as a Bill Broker for the purposes of procuring the same to be discounted and your Orator ought either to have received of the said William Stark Cash for their said Bill or to have had the same returned to them But your Orator shew unto your Lordship that they did not then receive nor have they at any time since received any value or consideration for the said Bill from the said William Stark or from any other person

And your Orators further shew unto your Lordship that Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson of Friday Street in the said City of London Merchants and copartners after employed the said William Stark in his said business of a Bill Broker and having therein employed him to get a Bill of Exchange or some other negotiable Instrument of the value of five hundred and twenty five pounds or some such sum of money discounted for them they on or about the time aforesaid applied to the said William Stark for the money he had received for such Bill and the said William Stark being at that time embarrassed in his circumstances and business being and being unable to pay the same Bill they insisted upon receiving from him some security for the amount of such Bill and knowing of the said William Stark's embarrassment proposed to him to deliver to them any other Bills he might have in his possession and the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson prevailed upon the said William Stark to deliver to them (amongst others) your Orators said Bill of Exchange in or towards satisfaction of or for the money or Bill the said William Stark had so received from or on account of the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson And your Orators further shew unto your Lordship that they have at several times by themselves and their Agents in a friendly manner applied to the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson (who well know the premises? and have since given out that the reason for their taking your Orators said Bill in manner aforesaid was occasioned by their knowledge or apprehension of the said William Stark's embarrassment or insolvency and with the view to secure their debt due from him) and requested them to deliver up to your Orators their said Bill of Exchange or to make your Orators satisfaction to the amount thereof and your Orators well hoped that the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson would have complied with your Orators said requests as in Justice and Equity they ought to have done

But now so it is may it pleas your Lordship that the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson combining and confederating to and with the said William Stark and William Stock and to and with diverse other persons to your Orators at present unknown whose names when discovered your Orators pray may be herein inserted and they made Parties Defendants hereto with apt charges against them and contriving how to wrong and injure your Orators in the premises they the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson and William Stark at some times pretend that your Orators at the time of the indorsing and delivering of their said Bill of Exchange or at some other time really had or ... received from them or one of them the fair and full value or consideration for the same or otherwise that your Orators were then indebted to them or one of them particularly the said William Stark in some considerable or other sum of money exceeding or equal at least to the value thereof and that your Orator gave the said Bill of Exchange in or towards payment or as a Security for the payment thereof and not upon the occasion or for the purpose before mentioned

Whereas your Orators charge the contrary of all such pretences to be true and so the said confederates will at other times admit but then the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson pretend that they did not know or suspect nor had any reason to believe or suspect at the time of their receiving your Orators said Bill of Exchange from the said William Stark that he was in precarious or embarrassed circumstances but that they gave or paid some good or valuable consideration for his indorsing the same to them and that the said Bill of Exchange was not delivered to them under the circumstances before mentioned but at other times admitting (as your Orators charge) the contrary to be true the said confederates pretend that they had not before nor at the time of such indorsement any notice whatsoever of the purpose for which the same Bill of Exchange was placed in the hands of the said William Stark or that your Orator had not received a full and valuable consideration for the same

Whereas your Orators charge that the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson were well acquainted with the said William Stark and his embarrassed situation in business and were informed by him before or at the time of his indorsing and delivery over of your Orators said Bill of Exchange to them of the purpose for which he had received the same of your Orators without his having any property therein or the said confederates had notice information belief or suspicion thereof in some other manner and that your Orators had no consideration whatsoever for the same and that for such or some other reason the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson (who obtained your Orators said Bill of Exchange from the said William Stark under his embarrassments) have no just claim or demand upon or any right to receive or compel payment from the said William Stock or your Orators of the whole or any part of the money received or made payable by the said Bill of Exchange

But nevertheless the said confederates insist upon the contrary and under such or the like pretences as aforesaid refuse to comply with your Orators aforesaid requests

And the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson have commenced two several actions against your Orators and the said William Stark in his Majesties Court of Kings Bench for the recovery of the sum of three hundred and ninety six pounds thirteen shillings made payable by the said Bill of Exchange and well knowing that your Orators or the said William Stock cannot make any legal defence to such action they threaten and intend to proceed to Judgement therein and to sue out execution thereon

And therefore your Orators humbly insist that the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson ought to be restrained by this Honorable Court from so doing and that the said William Stock ought also to be restrained from paying the said sum of three hundred and ninety six pounds thirteen shillings or any part thereof

All which askings doings and pretences of the said confederates are contrary to equity and good conscience and tend to the manifest wrong and injury of your Orators in the premises in tender consideration whereof relievable

To the end therefore that the said defendants Thomas Galbreath James Henderson John Mair John Semple David Inglis James Elliott Henderson William Stark William Stock and the rest of their confederates when discovered may upon their several and respective Corporal Oaths according to the best of their respective knowledge remembrance information and belief full true direct and perfect answer make to all and singular the matters aforesaid as fully and particularly as if the same were here repeated and they thereunto distinctly interrogate and more especially whether the said William Stock hath not for some time and how long carried on the business of a Money and Bill Broker

And whether as such he hath not been employed by them and various other or some and what persons to get Bills of Exchange and Promissory Notes discounted and whether for so doing he did receive commission according to the amount of the Bill or Note so procured to be discounted

And whether your Orators or one and which of them at or about the time aforesaid or at some and what other time did not indorse and deliver or cause to be delivered to the said William Stark such their Bill of Exchange as hereinbefore is mentioned in the way of his business as a Bill Broker for the purposes of getting the same discounted or some and what other Bill of Exchange and whether the said Bill of Exchange is not now or lately and when last was not in the custody or power of the said defendants some or one and which of them and what is now become thereof

And whether they were parted with the possession thereof since their first receiving the same from the said William Stark and when and to whom and for what purpose and with what intent And that the said defendants may set forth the said Bill of Exchange in the words and figures thereof and produce and leave the same in the hands of their Clerk in Court for the usual purposes

And that they the said defendants may also set forth whether your Orators or any and which of them at the time of the indorsing and delivery of the said Bill of Exchange to the said William Stark did receive or hath or have at any time and when received any and what value or consideration for the same from the said William Stark or from any other person whomsoever

And whether the said defendants Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson sometime in or about the month of April last and at what time in particular did not employ the said William Stark to get a certain Bill of Exchange of the value of five hundred and twenty five pounds or some and what other negotiable instrument of that or the like or some and what other value discounted for them

And whether they or one and which of them or some and what other person or persons on their behalf did not and when in particular go to and in what manner apply to the said William Stark for the money he had received for such Bill or other negotiable instrument

And whether the said William Stark did not then or at some and what time or times and place in particular make known his embarrassed situation and circumstances and immediately afterwards or when else and why deliver over to them the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson or one and which of them or to same and what other person for their use

And whether upon their or either and which of their solicitation application or desire your Orators said Bill of Exchange in or towards satisfaction or in part payment of the money received by him in respect of the said Bill of Exchange or other negotiable instrument placed in his hands by them the said defendants Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson or for what consideration in particular was your Orators said Bill of Exchange delivered to them

And whether the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson or one and which of them were or was not at that time well acquainted with the said William Stark

And whether they the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson or one and which of them were not informed by the said William Stark before or at the time of his indorsing and delivery over to them your Orators said Bill of Exchange of the purpose for which he had received the same from your Orator and that he the said William Stark had no property therein

Or whether the said defendants Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson or either and which of them had not some and what notice information belief or suspicion thereof and of the insolvency or embarrassed circumstances of the said William Stark in some and what other manner and that your Orators or either of them had not received any consideration whatsoever for the same

And whether the said William Stock was not at the time your Orators said Bill of Exchange became payable or when else applied to about payment thereof and by whom in particular

And whether he was then or at any other time or times and when informed by such person or persons so applying of all any or either and which of the circumstances and allegations herein before contained

And whether your Orators or some and what person or persons on their behalf have not and how often and when applied to the said defendants or any or either which of them for the purposes aforesaid

And whether they the said defendants and which of them have not refused to comply with your Orators said requests

And whether the defendants Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson have not commenced two several actions and in what Courts against your Orators and the said defendant William Stock for the recovery of the sum

of three hundred and ninety six pounds thirteen shillings or the money secured and made payable by your Orators said Bill of Exchange

And whether they do not intend to proceed to Judgement in such actions and to sue out execution thereon or in one and which of them

And that the said defendants may deliver up to your Orators the said Bill of Exchange drawn by them as aforesaid or may make your Orators satisfaction for the amount of the money secured or made payable thereby

And in the mean time that the said defendants Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson may be restrained by the Injunction of this Honorable Court like manner be restrained from paying the money secured or make payable by the said Bill of Exchange or any part thereof to the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson

And that your Orators may have such further and other relief in the premises as to your Lordship may seem moot

May it please your Lordship the premises considered to grant unto your Orators not only his Majesties most gracious Writ of Injunction issuing out of and under the Seal of this Honorable Court to restrain the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson from proceeding against your Orators or the said William Stock in the said actions already commenced or from bringing any other action or actions against them or either of them in respect of the premises

And also to restrain the said William Stock in like manner from paying the money secured or made payable by the said Bill of Exchange or any part thereof to the said Thomas Galbreath James Henderson John Mair John Semple David Inglis and James Elliott Henderson, but also his Majesties most gracious Writ or Writs of Subpoena to be directed to the said Thomas Galbreath James Henderson John Mair John Semple David Inglis James Elliott Henderson William Stock and William Stark and the rest of their confederates when discovered thereby commanding them and every of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in this Honorable Court and then and there true direct and perfect answers make to all and singular the premises and further to and to perform and abide such further order direction and decree therein as to your Lordship shall seem moot

And your Orators will ever pray.


Acknowledgement to the The National Archives - Catalogue Ref : C12/191/17

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