Simon's Family History

Court of Chancery

Answering document
23rd Nov 1793

The joint and several Answer of Thomas Galbreath and David Inglis two of the defendant to the Bill of Complaint of Richard Miller James Jenkins and William Redaway Complainants.

These Defendants now and at all times hereafter saving and reserving to themselves all and all manner of benefit and advantage of exception which can or may be had or taken to the complainants said Bill of Complaint for answer .... thereunto or unto so much thereof as these defendants are advised is in any wise material or necessary for them or either of them to make any answer unto these defendants each speaking for himself respectively and not the one for the other of them severally answer and say that they do now and for some time have carried on the business of Merchants in London in copartnership with James Henderson John Mair John Semple and James Elliott Henderson four others of the defendants to the complaints said Bill of Complaint but the said James Henderson John Semple and James Elliott Henderson generally residing in Scotland and the said John Mair frequently residing there and when in London taking no active concern therein the said partnership business at least that part of it which is transacted in London has been fully carried on and conducted by this defendant Thomas Galbreath this defendant David Inglis for himself saith that he is and he believes that his partners James Henderson John Mair John Semple and James Elliott Henderson are perfect strangers to the transactions by the said Bill inquired after and that they or any of them have not any knowledge thereof save what they have heard from this defendant Thomas Galbreath by whom these defendants say the transactions in the Bill mentioned so far as the same relate to the Bill in question were solely conducted and negotiated and this defendant David Inglis and his other partners had not any concern therewith

This defendant Thomas Galbreath saith and his other defendant believes it to be true that he this defendant Thomas Galbreath sometime in the beginning of the month of April one thousand seven hundred and ninety three received on the said copartnership account a Bill of Exchange dated the twenty ninth day of March one thousand seven hundred and ninety three drawn by Messrs Henderson Semple and Company Merchants at Glasgow on and accepted by Messrs Mair, Son, Thomas and Company of London for the sum of five hundred and twenty five pounds at ninety days after date

And this defendant Thomas Galbreath wishing to get cash for the same for the use of the partnership and William Stark another defendant to the said Bill and who is a Money and Bill Broker happening to call on or about the sixteenth day of the same month of April at the house of these defendants and their said partners in Friday Street London to know whether they had any Bills which they wanted discounted one of the clerks delivered to him the aforesaid Bill for five hundred and twenty five pounds and asked him if he could get it discounted / the same being of longer date than the Bank of England or private bankers usually discount / as these defendants have been informed and believe / and that the said William Stark then said he thought he could get it discounted but would call again in a short time and let him know whereupon the said Bill was delivered to him and the said William Stark accordingly called in about an hour afterwards and informed the said clerk that he had not been able to get the same discounted but that he would keep the said Bill and try and get it done in another channel

And this defendant Thomas Galbreath for himself further saith and which this other defendant believes to be true that on or about the eighteenth day of the same month of April this defendant Thomas Galbreath called on the said William Stark and told him that the money for which the said Bill was drawn would certainly be wanted the next morning and that the said William Stark then promised to have it ready by eleven o'clock the next morning and this defendant Thomas Galbreath not receiving such money on the nineteenth, on the twentieth again called on the said William Stark who then said that he had left the said Bill with a friend to be discounted that he had no doubt of its being done but that he would immediately inquire and call on this defendant Thomas Galbreath in half an hour at farthest and bring either the Bill or the money

And this defendant Thomas Galbreath having occasion for money in the course of that day (the twentieth) again waited on the said William Stark to inform him that either the Bill or the money must be had and that if the Bill was not then discounted it was immaterial as this defendant Thomas Galbreath could then easily get it discounted and the said William Stark answered he had no doubt but that the Bill was at that time actually discounted but that he could not meet with the person with whom he had left it

And this defendant Thomas Galbreath thereupon asked him / as that was the case and as this defendant Thomas Galbreath had frequently before received from him Bills in Exchange for those which he had given him to get discounted / whether he had any good Bills which he could give him in exchange for the Bill which had been so delivered to him and such as the Bank of England would discount

And the said William Stark said he had and that the exchange would much oblige him as it was become difficult to get Bills discounted and the said William Stark thereupon produced a great number of Bills in order that this defendant Thomas Galbreath might take such of them as suited him and this defendant Thomas Galbreath then selected and took one Bill for two hundred and fifty pounds (and which afterwards was duly paid) and another (being the Bill in question) for three hundred and ninety six pounds thirteen shillings

And these defendants say that in the course of two or three days afterwards the said William Stark called at the house of the defendants and their partners when he saw William Spanton their clerk and settled with him the interest on the transaction of Exchange and Discount then unsettled in which was included the said Bill of Exchange for five hundred and twenty five pounds and took the Promissory Note of these defendants and their partners for one hundred and eight pounds seven shillings and a penny fall due about the same time as the Bills which this defendant Thomas Galbreath had received from the said William Stark and which Note was paid by them when due

And these defendants further severally answering say that the Bill in question is in the words and figures or to the effect following Viz. "£396.13s London 15th April 1793 - Two months after date pay to our order three hundred and ninety six pounds thirteen shillings value received Miller Jenkins and Redaway To Mr William Stock Bishopsgate Street accept Wm Stock... payable at Messrs William Fuller Son and Co. ... indorsed Miller Jenkins and Redaway" altho these defendants for their greater certainty of the said Bill crave leave to refer thereto when produced

And this defendant Thomas Galbreath for himself saith and which this other defendant believe to be true that before the aforesaid settlement took place he called and inquired of the house of Fuller and Son and Company unto the said William Stock's responsibility and the information which he received from them on that occasion was perfectly satisfactory to him and that he this defendant Thomas Galbreath afterwards procured the complainants Bill to be discounted by Messrs Shaw Ewing and Rownson of Cheapside in the City of London who afterwards procured it to be discounted at the Bank of England and this it was sent from thence to the house of Fuller Son and Company for payment when due and that they refused to pay the same having received directions for that purpose from the said William Stock

And thereupon and in as much as the Bill for five hundred and twenty five pounds so delivered to the said William Stark in exchange for the said Bill of the complainants had been paid when due this defendant Thomas Galbreath caused the several actions in the Bill mentioned to be brought to enforce the payment of the said sum of three hundred and ninety six pounds thirteen shillings as these defendants insist under the circumstances before stated he was well warranted in doing and these defendants severally further answering say they have been informed and believe that the said William Stark hath for some years / but answering these defendants nor can set forth as to their information or belief / carried o the business of a Money and Bill Broker

And this defendant Thomas Galbreath admits that he hath been employed by him on the account of himself and his partners and also as he believes by varied other persons to get Bills of Exchange and Promissory Notes discounted and believes that he did charge a commission to the said various other persons for getting Bills and Notes discounted and admits that at times he charged these and their said partners commission on getting Bills and Note discounted for them and saith that at other times he did not and which this defendant David Inglis believes to be true but these defendants severally say the said William Stark never charged them with commission on the exchange of Bills or Promissory Note for other Bills and Promissory Notes

And these defendants have also been informed and believe that the complainants at or about the time in the Bill mentioned drew the Bill of Exchange herein before and in the Bill stated and that they indorsed and delivered the same or caused the same to be delivered to the said William Stark But this defendant Thomas Galbraith (sic) for himself saith and which this other defendant believes to be true that at the time he received the said Bill as before stated he did not know for what purpose the same had been delivered to the said William Stark But these defendants have since heard and believe that the said Bill was delivered to him in the way of his business as a Bill Broker for the purpose of getting the same discounted and this defendant Thomas Galbreath admits it to be true that the aforesaid Bill of Exchange is now in his custody or power

And these defendants further answering say they do not know nor can set forth as to their information or belief whether the complainants have or not ever received any consideration from the said William Stark or any other person for the said Bill But these defendants have been informed and believe that altho' the said William Stark about the twenty sixth or twenty eighth of the same month of April became embarrassed in his circumstances yet that he has since that time either paid or secured to be paid to his creditors twenty shillings in the pound on all or the greatest part of then debts together with interest for the same

And these defendants further say they have also been informed and believe that after the complainants had so as aforesaid delivered the said Bill to the said William Stark and on or about the twenty second day of the same month of April being two days after the Bill in question had been delivered to this defendant Thomas Galbreath they settled an account with him in which the Bill in question was included and that on the balance of such account there was a sum of three hundred and ninety two pounds one shilling and two pence due to the complainants and for which sum the said William Stark gave the complainants a Draft on his Bankers payable on the twenty sixth of the same month of April and which Draft the complainants accepted in payment of such balance and altho' such Draft was not as the defendants have been informed and believe paid when due

Yet these defendants submit to the Judgement of this Honourable Court that it is evident from the said account being in manner before mentioned stated that the complainants had not only absolutely relinquished the possession of the said Bill and had given the said William Stark a power of disposing of the same as he thought proper but that they also had not at that time any suspicion of the circumstances of the said William Stark

And these defendants have in the schedule to this answer annexed or underwritten and which they pray may be taken as part hereof set forth a true copy of the account which they believe to have been so settled between the complainants and the said William Stark on the said twenty second day of April one thousand seven hundred and ninety three

And this defendant Thomas Galbreath for himself saith he admits that he did on behalf of himself and his said partners at or about the time herein before that for that purpose mentioned employ the said William Stark to get the said Bill for five hundred and twenty five pounds discounted

And that this defendant Thomas Galbreath did go to the said William Stark for the purpose of receiving from him the amount of the Bill or the Bill itself and that the complainants Bill was delivered to this defendant Thomas Galbraith (sic) in the manner and for the reasons herein before stated

And these defendants say they do not know nor can set forth as to their information or belief whether the said William Stark was or not at the time such application was made to him insolvent or embarrassed in his circumstances but these defendants say that in case he was they did not then know or believe him so to be and they submit from what is herein before stated that the complainants themselves did not consider the said William Stark as insolvent or embarrassed in his circumstances two days afterwards

And this defendant Thomas Galbraith (sic) for himself saith and which this other defendant believes to be true he does not know nor has he any reason to believe nor does he believe that the said William Stark was then unable to pay the same Bill to this defendant Thomas Galbreath for any other reason than what is herein before stated

And this defendant Thomas Galbreath saith that he did not insist on receiving or require from the said William Stark any security for the amount of the said Bill altho he admits that he did tell the said William Stark that either the Bill or the money must be had as he had occasion for it having nine hundred pounds or thereabouts to pay on the partnership account on that day or the day after and this defendant Thomas Galbreath denies and this other defendant does not believe it to be true that this defendant Thomas Galbreath ever proposed to the said William Stark to deliver to him any other Bills he might have in his possession / except as herein before mentioned / or prevailed on the said William Stark to deliver to him the complainants Bill of Exchange for on the contrary this defendant Thomas Galbreath saith and which this other defendant believes to be true that the said William Stark voluntarily and of his own accord and for his own accommodation delivered to this defendant Thomas Galbreath the complainants Bill towards satisfaction of the Bill which the said William Stark had so received from this defendant Thomas Galbreath as is herein before particularly stated

And these defendants further say that the said William Stark did not ever to the best of their remembrance and belief make know his embarrassed situation and circumstances to these defendants or either of them but in case the said William Stark ever did make known such his embarrassments to these defendants or either of them the same was not done till after the aforesaid transaction had taken place and after his embarrassment were generally known which these defendants believe was not until the twenty sixth or twenty eighth of the same month of April

And these defendants deny that they have and they do not believe that their partners have ever given out that that the reason of this defendant Thomas Galbreath's taking the complainant's said Bill was occasioned by their or any of their knowledge or apprehension of the said William Stark's embarrassment or insolvency or to secure their debt due from him or anything to that or the like or any such effect

And these defendants deny that they or their said partners to their knowledge or belief do or ever did pretend that the complainants at the time of indorsing and delivering their said Bill of Exchange or at any other time had or received from these defendants or their said partners the fair or full consideration whatever for the same or that the complainants were then indebted to them or any of them or to the said William Stark in any sum of money exceeding or equal to the value thereof or that they 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 in the Bill mentioned

But these defendants admit that they do allege that they did not and they believe that their partners did not know or suspect nor had any reason to believe or suspect at the time this defendant Thomas Galbreath took the said Bill from the said William Stark that he was in precarious or embarrassed circumstance and that they gave such consideration as before mentioned for the same and that the said Bill was delivered to this defendant Thomas Galbreath under the circumstances herein before stated and that they or their said partners to their knowledge or belief had not before or at the time the said Bill was delivered to the said defendant Thomas Galbreath any notice of the purpose for which the same was placed in the hands of the said William Stark or that the complainants had not received a full and valuable consideration for the same

And this defendant Thomas Galbreath further answering saith and this other defendant believes it to be true that he was acquainted with the said William Stark before and at the time the aforesaid transaction took place they had and they don't believe their partners or any of them had or could have any knowledge or intimation of the said William Stark's embarrassed situation in business before or at the time this defendant Thomas Galbreath took the said Bill

And these defendants deny that they were and they don't believe that their said partners or any of them were or was informed by the said William Stark before or at the time of the delivery of the said Bill to this defendant Thomas Galbreath for the purpose for which he had received the same from the complainants and that he had not any property therein or that the said defendants or their said partners to their knowledge or belief had any knowledge notice information belief suspicion thereof or of any insolvency or embarrassed circumstances of the said William Stark in any other manner or that the complainants had not received any consideration for the same

And these defendants say they believe that when the complainants Bill became due it was carried by some of the Clerk's to the Bank of England (but by whom in particular they do not know nor can set forth as to their information or belief) to the house of Messrs Fuller Son & Co. at which place it had been made payable by the said William Stock for payment and that payment thereof was refused

And these (sic) defendant Thomas Galbreath admits and this other defendant believes it to be true that he this defendant Thomas Galbreath and one of the Clerk's applied to the said William Stock for the payment of the said Bill and that the said William Stock then said that he had been informed by the complainants that the Bill had been obtained in an improper manner and that they would indemnify him against payment and that therefore he would not pay the same

And this defendant Thomas Galbreath admits that he did not and he believes the Clerk did not inform the said William Stock of the several circumstances and allegations in the Bill mentioned in as much as this defendant does not admit or believe them to be true But these defendants do not know nor can set forth as to their information or belief whether the said William Stock was or not informed thereof by any other means

And these defendants further severally answering say they admit it to be true that the complainants have made such or the like applications and requests as in the Bill mentioned and that they have for the reasons herein before mentioned refused to comply therewith

And in particular these defendants say that the complainants on or about the twenty seventh day of May one thousand seven hundred and ninety three wrote and sent a letter to these defendants and their said partners in the words and figures or to the effect following Viz. "Messrs Galbreath & Co. of Friday Street Cheapside We are just informed of your having received from William Stark of Princes Street Money Broker about the 25th of April last a Bill drawn by us payable to our order two months after date the (15th of same April) for £396.10s.0d by William Stock of Bishopsgate Street which Bill was deposited in the hands of the said William Stark for the special purpose of getting it discounted in the way of his trade we do hereby give you notice and demand of you to deliver or cause to be delivered to us forthwith the aforesaid Bill or the amount thereof or otherwise we shall immediately proceed against you by Law to recover satisfaction for the same And in case of your non compliance with this notice of demand we expect that you will be answerable for all reasonable losses and expense that may be incurred by us in any suit or suits respecting the aforesaid Bill Miller Jenkins & Redaway"

And these defendants say that William Spanton the Clerk to these defendants and their said partners by the orders and directions of this defendant Thomas Galbreath wrote and sent an answer to the said letter in the words and figures or to the effect following "Gentlemen London 27th May 1793 Your letter of the 24th inst. to Messrs Galbreath & Co. is now before me And I as their Clerk beg leave to inform you that they gave the full value for the Bill you mention and they will not return it without the like valuable consideration, I am Gentlemen your most humble servant Wm Spanton" Although these defendants for their greater certainty of the said letter and answer creave (sic) leave to refer thereto when produced

And these defendants admit it to be true that such two actions as in the Bill mentioned have been bough by these defendants and their said partners in his Majesties Court of Kings Bench

And this defendant Thomas Galbreath for himself saith and which the other defendants believes to be true that he this defendant Thomas Galbreath conscious of the justice of the demand of himself and his said partners upon the said complainants in respect of the said Bill of Exchange in question since the said actions were commenced actually proposed to the said complainants to leave all matters in difference between them respecting the same to the arbitration and determination of three indifferent person one to be named and chosen by this defendant Thomas Galbreath for himself and his said partners another to be named and chosen by the said complainants and a third to be nominated and chosen by such two persons and that the said complainants having positively refused to consent to such reference these defendants say they do intend to proceed to Judgement and execution in the said actions unless the complainants or the said William Stock shall pay the amount of the said Bill And for the reasons and under the circumstances herein before stated these defendants are advised and humbly insist that they ought not to deliver up the said Bill or be restrained from proceeding in the aforesaid action and all manner of unlawful combination and confederacy charged by the Bill

The following paragraph was added between lines and was in very small writing making some words indecipherable.

And these defendants further severally answering say they have been informed and believe that the said complainants and the said defendant William Stock having severally pleaded the general issues ?? to the said actions bought on the said Bill of Exchange issues were thereupon joined of notices of trial given ??? for the sittings after the ?? and that the said complainants solicitors who are also attornies for them and the said William Stock in the said actions having informed these defendants attornies and solicitors that the said issues would not be paid for and that these defendants and their said partners might ? Judgements in the said actions interlocutory Judgements have been signed ????

Without that that any other matter or thing whatsoever in the complaints said Bill of Complaint contained is material of effectual in the Law for them or either of them to make answer unto and not herein and hereby well and sufficiently answered unto confessed and avoided traversed or denied is true to the knowledge of this defendant All which matters and things these defendants is or are ready to aver justify maintain and prove as this Honorable Court shall award and humbly prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained

Tho Galbreath

David Inglis

The schedule to which the above answer refers

200. 6 .......... 22 .....7th June ... 46.... 1. 5.2

396.13 ......... 26 ..... 18 .......... 53 ... 2.17.8

596.19 ........................................... 4. 2.10

4.17.10 .................................. C .... 0.15. 0

592. 1.2 ......................................... 4.17.10

200

392. 1.2


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