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