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Family History |
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David Galbreath & Thomas Elmes - Chancery - 1811 |
29 April 1811 To the Right Honourable John Lord Eldon Baron
Eldon of Eldon in the Humbly complaining sheweth unto your Lordship
your orators Gabriel James Anthony Loughnan John Ohill, William Dixon
Adam Lodge Bridge Aspinall, John Thomas, Joseph Fletcher, John
Richardson William Neilson William Swann and Peter Whitfield Brancher
all of Liverpool in the County Palatine of Lancaster under writers
That in the month of January one thousand eight hundred and ten David
Galbreath and Thomas Elmes the defendants hereinafter named who are
merchants in the City of London in copartnership together and who are
also carry on the same business in copartnership together in
Philadelphia in America employed Messrs William Forde and Company of
Liverpool aforesaid merchants as their agents to effect an insurance
for them on a quantity of five hundred bales of cotton which they
alledged they had then shipped or were about to ship on board of a
certain American vessel called Abeona then lying in the port of New
Orleans in the District of the Mississipi in North America for a
voyage from thence to England with liberty to touch at Madeira or
Lisbon and that the said Messrs Forde and Company in consequence of
such direction did as the agents of the said Daniel (sic)
Galbreath and Thomas Elmes accordingly cause a certain Policy of
Assurance bearing date on or about the tenth day of the said month of
January one thousand eight hundred and ten to be prepared and effected
whereby the said Messrs William Forde and Company as well in their own
name as in the names of all and every other person and persons to whom
the same might appertain in part or in all did make assurance and
cause themselves and them and every of them to be insured lost or not
lost from New Orleans to the port of discharge in the United Kingdom
with or without papers or clearances or with clearance to any part or
parts with leave to call at Fayall Madeira or Lisbon all or any and to
transship in any vessel or vessels and land and reload the property
upon any kind of gods and merchandises and also upon the body tackle
apparel advance ammunition artillery boat and other furniture of and
in the good ship or vessel called the Abeona from New Orleans and
afterwards ship or ships whereof was master under God for that present
voyage (blank
space) Palmer or
whosoever else should go for master in the said ship or by whatsoever
other name or names the same ship or the master thereof was or should
be named or called beginning the adventure upon the said goods and
merchandises from the loading thereof aboard the said ship upon the
s’d ship .. and should continue during her abode there upon the said
ship .. And further until the said ship with all her
advance tackle apparel .. and goods and merchandises whatsoever should
be carried at upon the said ship until she had moored at anchor twenty
four hours in god safety and upon the gods and merchandises until the
same should be discharged and safely landed and it should be lawful
for the said ship .. in that voyage to proceed and sail and touch at
any parts and places whatsoever without prejudice to that insurance
the said ship .. goods and chattels .. for so much as concerned the
assured by agreement between the assured and assurers in that policy
were and should be valued at on cotton and the perils losses and
damages thereby insured against ------- were such as are usually
insured against in policies of the like nature and he premium on the
said policy was thereby declared to be at and after the rate of ten
guineas per cent to return three pounds per cent if the said ship came
direct to the United Kingdom or two pounds per cent if the said ship
called at one intermediate port only and the property should not be
landed or transshipped and arrive and the same insurance was declared
to be on cotton as by the said writing or policy of assurance when
produced will appear And your Orators further shew unto your Lordship
that upon the said policy being effected as aforesaid the said Messrs
William Forde and Company as the agents of the said defendants and on
their behalf applied to your orators and requested them to underwrite
the said policy and as an inducement to your orators so to do they
represented to your orators that the said vessel was then living in
the Port of New Orleans as aforesaid perfectly sea worthy and well and
sufficiently manned and in all respects well found equipped and
furnished for the voyage And your orators further shew unto your Lordship that upon the faith of such representations and fully believing that the said vessel was in a state and condition in which she had been described your orators consented to underwrite the aforesaid policy upon the said cotton and did accordingly underwrite the same at the respective times and for the several sums and in manner following that is to say your orator (deleted sentence) And your Orators further shew unto your Lordship
that after having so underwritten the said Policy as aforesaid Your
orators received no advice or information concerning the said vessel
except that she had commenced her voyage till the month of June last
when the said Messrs William Forde and Company to the surprise of your
orators sent them the following letter giving them Notice of
Abandonment and claiming on the part of the owners a total loss that
is to say And your orators further shew unto your Lordship
that upon receiving the aforesaid letter from the said letter from the
aforesaid Messrs William Forde and Company your orators applied to
them and also to the said David Galbreath and Thomas Elmes and
requested them to furnish your orators with the usual ships books and
papers and sufficient proof and documents of the alledged loss and
what became of the said cotton upon which the said Insurance was
effected and how the leak or other damage to the ship had been
occasioned in order that your orators might be enabled to ascertain
whether the said ship had been sea worthy at the time of commencing
her voyage and that your orators might also know what had become of
the cargo insured And your orators further shew in Answer to such
application the said Messrs William Forde and Company on behalf of the
said defendants laid before your orators copies of certain papers
purporting to be the protest of the Captain of the said vessel made at
Teneriffe a Certificate signed by a Spanish officer at the Port of
Saint Croix of a survey of the vessel alledged to have been made there
previous to her condemnation a copy of an affidavit of the said
Captain made at New York in America upon the subject of the alledged
loss and some few copies of a letter alledged to have been written by
the said Captain to the owners of the vessel and to have passed
between him and J. (or I.?)
Armstrong Esquire the Consul of the United States of America then
residing at Teneriffe by which it appeared that in consequence of a
leak which the said vessel was stated to have sprung soon after she
got to sea she made so much water as to be forced in order to enable
her to reach the nearest port to borrow four additional hands from a
Spanish brig called the Havannah which she accidentally met at sea by
whose assistance after throwing over board great part of the ballast
and making jettison as it is alledged of all the anchors and spars the
vessel could spare and by means of constant working the pumps the
vessel was bought into the harbour of Saint Croix in the Island of
Teneriffe on the thirteenth of January when she was condemned as not
sea worthy and sold with all her cargo And that the produce of the
sale of the cargo had been received the American Consul who refused to
give it up as by the said several papers now in the possession of your
orators and to which they now leave to refer reference being thereunto
had will more fully appear And you orators further shew that no
Invoices or Bills of Lading of the cargo or any other papers relating
to the cargo of the said vessel when produced to your orators and that
upon examining the papers so produced as aforesaid there did not
appear to be any sufficient cause for the violent leak which the said
vessel was so stated to have sprung no storm appearing to have
happened in the course of the voyage nor any bad weather except one
heavy gale to the southward which it is alledged happened when the
leak was first discovered and that there is not any mention made in
the said papers or letters or any of them of the state of the said
vessel at the time she left the port of New Orleans commenced her
voyage nor even any general allegation contained therein that she was
then sea worthy or sufficiently manned or well sound and equipped as
is usual in such cases nor did the said papers or any of them contain
any account or statement whatever of the cargo or what had become
therefore of the produce of the sale thereof except as aforesaid And your orators further shew that after an
examination of the said papers the same being very unsatisfactory and
defective with respect to the several particulars aforesaid and it not
appearing thereby what the produce of the sales of the cargo or why
the same had been retained by the American Consul or what in fact the
cargo consisted of your orators requested to be furnished with the
several papers and documents upon the subject and in particular
applied to the said Messrs William Forde and Company for that purpose
in answer to which application your orators received from the said
Messrs William Forde and Company the following letter dated London the
eighth day of October one thousand eight hundred and ten sent to them
by the said defendants for the information of your orators that is to
say And your orators further shew unto your Lordship
that they have not been able to obtain from the said defendants of the
said Messrs William Forde and Company any other documents or papers
whatever relating to the loss of the said vessel or her cargo although
your orators have frequently applied for the same and your orators
hoped that the said defendants David Galbreath and Thomas Elmes would
not have attempted to force payment from your orators of their several
subscriptions to the said policy as for a total loss without giving to
your orators fuller and more satisfactory evidence upon the subject
and allowing your orators time to make such enquiries as might enable
them to ascertain the real facts of the case and that more especially
as your orators have been always ready to pay the amount of their
several subscriptions in case the said loss was fully and
satisfactorily proved and in case it should also appear that the said
vessel was sea worthy and properly manned and otherwise well found and
equipped for her voyage at the time of her commencing the same and
your orators have accordingly frequently offered the said defendants
so to do if they would give your orators reasonable and satisfactory
proof thereof And your orators well hoped that the said David
Galbreath and Thomas Elmes would accordingly have acquiesced thereto
and would have forborne to institute any proceeding at Law against
your orators to compel the payment of their subscription upon the said
policy until the real truth and justice of the case could have been
ascertained by the means aforesaid But now so it is may it please your Lordship that
the said David Galbreath and Thomas Elmes combining and confederating
together and with divers other persons at present unknown to your
orators whose names when discovered your orators pray they may be at
liberty to insert herein with apt words to change them as parties
defendants hereto and contriving how to oppress your orators in the
premises the said confederates have actually without giving your
orators any opportunity of making any further enquiries upon the
subject or producing any other documents or papers to your orators
commenced separate actions against your orators in His Majesty’s
Court of King’s Bench to recover from them the whole amount of their
several subscriptions upon the said policy as for a total loss and
they are about to proceed to the trial of the said actions and your orators further shew unto your Lordship
that they are at present unable as they are advised to proceed at
present to defend the said actions for want of sufficient evidence of
the several matters material to their defence and to the justice of
the case but your orators charge that from the defective statement
contained in the said papers so delivered to them by the said
defendants both with respect to the said vessel and her cargo and from
the refusal of the said defendants to produce them any further papers
and documents although your orators have frequently requested so to do
and also from other circumstances which have lately come to the
knowledge of your orators as hereinafter mentioned your orators have
great reason to suspect and believe and do suspect and believe that a
fraud hath been practiced upon them respecting the said insurance both
as to the sea worthiness of the said ship and her equipment at the
time of her commencing her voyage at the port of New Orleans and also
as to the cargo insured by the said policy and the circumstances
attending the alledged loss thereof and the sale thereof at the Island
of Teneriffe and the disposition of the proceeds of such sale and as
evidence thereof among other things your orators charge that they have
lately discovered that notwithstanding it is stated in the aforesaid
Certificate of Survey of the said vessel alledged to have been made at
Teneriffe and delivered to your orators as aforesaid that the Captain
and crew of the said vessel had stated that she struck a ground at her
departure from the River of New Orleans and which your orators
believed till lately upon the faith of such Certificate to have been
the fact and therefore supposed the same to have been an accident
which had happened after the commencement of the risk under the said
policy Apt in fact or they verily believe and as they doubt not they
should be able to prove if they had an opportunity of examining their
witnesses residing at New Orleans upon the subject the accident of the
said vessel so running a ground did not take place as the vessel was
coming out of the River of New Orleans in the performance of her
voyage to Europe after the risk Had commenced under the said policy
but that the same happened as the said vessel was going into New
Orleans for the purpose of taking in her cargo and previously to her
taking in any part thereof and before the said risk under the policy
commenced and that such account was known to the said defendants when
they gave directions to effect the aforesaid policy but was concealed
by them from your orators and that no examination of the keel or
bottom of the said vessel was ever had at New Orleans after the said
accident and previous to the said vessel commencing her voyage but
that the vessel afterwards lay in the mud in such a situation as that
the damage which had happened to her by her so running a ground could
not be discovered previous to her commencing her voyage and getting
out to sea without an accurate examination of her bottom and keel And your orators charge that the leak which the
said vessel is stated to have sprung at sea as aforesaid was
occasioned solely by the said accident of the said vessel so running a
ground before she entered New Orleans as aforesaid And that she was
not seaworthy when she left New Orleans or when the risk commenced
under the said policy and that she was not sufficiently manned and
otherwise well found equipped and furnished for her voyage as she
ought to have been And so it would appear if the said matter were to
be properly investigated and your orators had an opportunity of giving
evidence thereof by examining the witnesses at New Orleans and as
further evidence your orators charge that it appears by the aforesaid
Certificate of Survey at Teneriffe in which the accident of the said
vessel so running aground is falsely & mistakenly stated to have
happened at her departure from New Orleans that the said leak was most
probably occasioned by the aforesaid accident of her running a ground
or by her general bad condition as not being sea worthy at the time of
her commencing her voyage the said Certificate containing the
following statement upon the subject And your orators further charge that
notwithstanding the aforesaid the aforesaid statement contained in the
said Certificate of the said vessel having run aground after she
commenced her voyage as aforesaid yet that the protest of the Captain
of the vessel a whereof is now in the possession of your orators
contains no such allegation nor statement whatever of the said vessel
having run a ground or in any manner touched the ground after the
commencement of her voyage And your orators further charge that the Captain
who navigated the said vessel from And your orators further charge that none of the
crew of the said vessel or any of the persons who made the alledged
survey of her at Teneriffe as aforesaid are now in England but that
they are at New Orleans or elsewhere in America And your orators further charge that the said
confederates or their agents have received and got into their hands
various documents letters papers and other writings relating to the
said vessel and her state and condition at the time of her sailing
from New Orleans and giving some account of the said previous accident
of her running aground and others which they have also received from
the said John Armstrong the American Consul at Teneriffe or some other
person or persons there relating to the particulars and value of the
said cargo and the produce of the sale thereof and which would shew
how the same hath been applied and what is become thereof And your orators charge that it would appear if
the truth of the case were fully investigated and the said books
papers and letters were produced that little or no damage was done to
the goods belonging to the said confederates which were so insured by
the Policy under written by your orators and that the money produced
by the sale thereof hath been remitted to the said confederates or
their agents or correspondents by the said John Armstrong or that he
hath in some manner accounted to the said confederates for the same
and that the same hath come to their hands or been paid to some other
person or persons by their order or for their use or on their account And your orators charge that the said
confederates or some or one of them have or hath or lately had in
their or his possession custody or power unless they have willfully
lost burnt or destroyed the same the original bills of parcels of the
said cargo and the invoices and bills of lading thereof and divers
books of account accounts ………….. letters copies of letters and
other documents papers and writings relating to the said vessel and
her cargo or some of the matter aforesaid by which if the same were
produced your orators would be enabled to prove the truth of the
several matters aforesaid or which would give your orators such
information respecting the same as would enable your orators to
produce the necessary legal evidence to shew that the said vessel was
not sea worthy or sufficiently manned or otherwise well found
furnished and equipped for her voyage at the time of her commencing
the same from the Port of New Orleans and when the risk under the said
policy commenced and that the said confederates received the whole or
the greatest part of the money produced by the sale of the said cargo
insured by the said policy and that they have therefore sustained
little or no damage by the aforesaid alledged loss of the said vessel
and her cargo and your orators further charge that a very
considerable part of the said cargo was insured by the said
confederates under the said policy hath actually arrived in England
and hath come to the hands of the said confederates or some of them or
to the hands of some other person or persons as their agent or agents
or on their behalf and that the same is now in their possession or in
the possession of some other person or persons on their account or for
their use or if not that the same hath been sold by the said
confederates or on their account since the same arrived in England and
that the produce thereof hath been received by them or some of them or
some other person or persons for their use or who is or are
accountable to them in respect thereof And your orators further charge that there are
several persons now resident in New Orleans or elsewhere in America
who are well acquainted with the state and condition of the said
vessel at the time of her sailing there from and also with the
circumstancing attending her previously running aground in coming into
New Orleans as aforesaid by where evidence if your orator had an
opportunity of examining then they would be able to prove that the
said vessel was not seaworthy and properly found equipped and
furnished for her voyage as she ought to have been and that your
orators ought not therefore to be liable to pay the amount of the
several sums for which they have respectively under written the said
Policy as aforesaid and your orators further charge that they cannot
as they are advised safely proceed to a trial of the said actions
without a discovery of the truth of the several matters aforesaid from
the said confederates upon Oath together with the production of the
several documents books papers and writing relating to the several
matters aforesaid in their possession and without a commission being
issued out of the Honourable Court to enable your orators to examine
their writings as to the matter at New Orleans and elsewhere ahead
where depositions your orators may be able to read on the trial of the
said actions all which actings pretences and refusals 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 and for as much
as your orators are without remedy in the premises at Common Law and
can only have relief in a Court of Equity where matters of this sort
are properly cognizable and relievable To the end thereof that the
said David Galbreath and Thomas Elmes and their confederates when
discovered may upon their several and respective corporal Oaths
according to the best and utmost of the several and respective
knowledge remembrance information and belief full true perfect and
distinct answer make to all and singular the matters aforesaid and
that as fully and particularly as if the same were here repeated and
they thereunto severally and distinctly interrogated and more
especially that the defendants may answer and set forth in manner
aforesaid whether the said defendants did not in the month of January
one thousand eight hundred and ten or at some other and what time
employ the said Messieurs William Forde and Company or some and what
other persons as their agents to effect an insurance for them on a
quantity of five hundred bales of cotton or on some and what other
quantity or number of bales of cotton or other and what goods which as
they alledged or pretended they had then shipped or were about to ship
on board the said ship Abeona then stated to be lying in the aforesaid
Port of New Orleans or some and what other place for a voyage from
thence to England in manner herein before mentioned or how otherwise
and whether the said Messieurs William Forde and Company did not in
consequence of such direction as the agents of the said defendants
cause such policy of insurance as is herein before mentioned to bear
date on or about the tenth day of January one thousand eight hundred
an ten to be prepared and effected of or to the purport and effect
herein before mentioned or some and what other policy of any and what
other date purport or effect And whether upon the said policy being effected
as aforesaid or at some time and what other time the said Messieurs
William Forde and Company did not as agents of the said defendants and
on their behalf apply to your orators and request them to under write
the said policy or how otherwise and whether they did not as an
inducement to your orators so to do represent to your orators or some
or one and which of them or give them to understand that the said
vessel was then lying in the Port of New Orleans perfectly sea worth
and well and sufficiently manned and in all respects well found
equipped and furnished for her voyage and what representations in
particular did the said Messieurs William Forde and Company make to
your orators in respect of the matters last mentioned And whether your orators did not upon the faith
of such representations as aforesaid and fully believing the same
consent to underwrite the aforesaid policy upon the said cotton or how
otherwise and whether they did not accordingly underwrite the same at
the respective times and for the several sums and in manner aforesaid
or how otherwise And whether after having so underwritten the said
policy your orators ever and when received any and what advice or
information concerning the said vessel except that she had commenced
her voyage till the eleventh of June last and if not why not and
whether then or at some and what time the said Messieurs William Forde
and Company did not give your orators notice of abandonment as for a
total loss by the letter herein before mentioned to be dated at
Liverpool twenty seventh June one thousand eight hundred and ten or by
some and what other letter or some and what other means and whether
the same letter was not of or to the purport and effect herein before
set forth or of some and what other purport and effect and whether
upon receipt of such letter from the said Messieurs William Forde and
company your orators or some and which of them did not apply to them
and also to the said defendants or to any and which of them and
request them to furnish your orators with the usual ships books and
papers and sufficient proofs and documents of the alledged loss and
what had become of the said cotton upon which the said insurance had
been effected and how the leak and other damage to the ship had been
occasion for the reasons herein before in that behalf mentioned or
what in particular did your orators request at the time they made such
application as aforesaid and whether in answer to such application the
said Messieurs Forde and Company did not on behalf of the said
defendants provide and lay before your orators such papers as are
herein before mentioned and no other or how otherwise And whether the said papers did not state to the
effect herein before mentioned or how otherwise and whether any and
what other papers or documents relating to the said vessel or her
cargo or the said alledged loss have been ever and when delivered to
your orators by the said defendants or their agents or how otherwise
and if not why not and whether your orators did not after an
examination of the said papers so produced for the reasons herein
before mentioned to furnish them with some and what other documents
and papers relating to the loss of the said vessel and her cargo and
whether in answer thereto the said confederates did not write and send
to the said Messieurs William Forde and Company for the information of
your orators such letter as is herein before mentioned bearing date
the eighth day of October one thousand eight hundred and ten or some
and what other letter of some and what date to that or the like or
some and what other purport and effect And whether your orators have not frequently
applied or caused applications to be made to the confederates for
further documents and papers as aforesaid since the receipt of the
said letter or how otherwise And whether the said confederates have not
refused to allow your orators any time for investigating the truth of
the several matters aforesaid and have not bought separate actions
against your orators in his Majesty’s Court of King’s Bench to
recover from them the amount of their several subscriptions to the
said policy as for a total loss and whether the said confederates are
not about to proceed to trial of the said accounts without giving your
orators any further time for the purposes aforesaid or how otherwise
And whether your orators have not for the reasons herein before
mentioned frequently requested them so to do or how otherwise And whether the statement contained in the
foresaid certificate of survey of the said vessel at Teneriffe whereby
she is stated to have struck aground at her departure from the river
of New Orleans is not false or unfounded and whether the aforesaid
protest of the Captain of the said vessel contains any and what
allegation to that effect or how otherwise and if not why not and
whether in fact the accident of the said vessel running aground did
not happen when she was going into the river or port of New Orleans
for the purpose of taking in her cargo and before she had taken in the
same and before the risk under the said policy commenced And whether the same was not known to the said
confederates or some and which of them when they gave directions to
effect the aforesaid policy or how otherwise and whether the said
circumstance was not concealed by them from your orators and why or
how otherwise in fact any and what examination of the keel or bottom
of the said vessel was ever and when had and where and by whom
previous to the said vessel commencing her aforesaid voyage from New
Orleans and whether the said vessel did not lie in the mud in such a
situation as that the damage which had happened to her by running
aground as aforesaid could not be ascertained previous to her
commencing her voyage and getting out to sea without an accurate
examination of her bottom and keel and whether the leak which the said
vessel was stated to have sprung at sea aforesaid was not occasioned
solely by the said accident of the said vessel so running aground
before she entered New Orleans aforesaid And whether the said vessel was not therefore in
such a state at the time she left New Orleans on her said voyage as
not to be sea worthy And whether she was not also in some and what
manner defective as to the number of men on board and as to the state
of her equipment and furniture for her said voyage or how otherwise
And whether the aforesaid Certificate of Survey of the said vessel so
made at the Island of Teneriffe as aforesaid did not contain such
statement or allegation as to her condition and the causes of her
leakage as is herein before mentioned and set forth or how otherwise And
whether the Captain who navigated the said vessel from New Orleans to
Teneriffe upon her said voyage was the person who had the command of
her when she ran aground in going in to New Orleans as aforesaid And whether the confederates or some and which of
them or their agents have or hath not received and got into their
hands various or some and what documents letters papers and other
writings in some and what manner relating to the said vessel and her
state and condition at the time of her sailing from New Orleans and
giving account of the said accident of her running aground as
aforesaid together also with some and what other documents letters
papers or writing received from the said John Armstrong or some and
what other person or persons there relating to the particulars and
value of the said cargo in some and what manner and the produce of the
sale thereof and which could show the same hath been applied and what
is become thereof and whether it would not appear by the production
thereof or whether in fact the truth is not that little if any damage
was done to the goods belonging to the said confederates which were
insured by the said Policy and whether the money produced by the sale
thereof or some and what part thereof hath not been remitted to the
said confederates or some of them or their agents or correspondents by
the said John Armstrong or whether he hath not in some and what manner
accounted to the said confederates or some and which of them for the
said money and some and what part thereof and whether the said money
or some and what part thereof hath not come to their or some and which
of their hands or been paid to some and what other person or persons
by their order for their use or on their account and whether the said
confederates or some or one and which of them have or hath not or some
time and when last had not in their or his possession custody or power
the original bills of parcels of the said cargo and the invoices and
bills of lading thereof and divers or some and what books of accounts
accounts memorandums letters copies of letters and other documents
papers and writings relating to the said vessel and her cargo or some
and which of the matters aforesaid And that the said confederates may set forth a
list or schedule thereof and may produce and leave the same and every
of them in hands of their Clerk in Court in this cause for the usual
purpose and if any of them are not now forthcoming that the said
confederates may discover and set forth what is become of all and
every of them not s forth coming and when and where and in whose
possession custody or power as they last saw the same or the same
respectively was or were and whether they have not willfully lost
burnt or otherwise destroyed the same and whether a very considerable
or some and what part of the cargo so insured by the said confederates
hath not arrived in England and hath not come to the hands of the said
confederates and some and which of them or to the hands of some and
what other person or persons as their agent or agents or on their
behalf and that the said confederates may set forth what is become
thereof and whether the same or some and what part thereof hath not
been sold by the said confederates on their account and the produce
thereof received by them or some and which of them or some and what
other person or persons further use or who is or are accountable to
them in respect thereof And that the said David Galbreath and Thomas
Elmes may answer the premises and may make a full and fair discovery
of all and singular the matters aforesaid And that they may be
compelled to produce and deliver up all books papers and writings in
their possession custody or power in any manner relating to the
several matters aforesaid And that your orators may have one or more
commission or commissions granted to them out of this Honourable Court
with the usual and proper directions for that purpose to enable them
to examine their witnesses ahead to the truth of the several matters
aforesaid in order that their depositions may be read on behalf of
your orators on the trials of the said actions at Law and that in the
mean time the said defendants may be restrained by the injunction of
this Honourable Court from all further proceedings in their aforesaid
actions against your orators respectively and from commencing or
prosecuting any other action or actions at Law against your orators or
any of them on the said Policy of Insurance and that the said Policy
may in case the same shall have fraudulently or unduly effected be
delivered up to your orators to be cancelled and that all proper
directions may be giving for effecting the several purposes aforesaid
And that your orators may have such further and other relief in the
premises as the nature of the case may require and as to your Lordship
shall seem meet May it please your Lordship the premises considered to grant unto your orators not only his Majesty’s most gracious writ or writs of injunction issuing out of and under the seal of this Honourable Court to restrain the said David Galbreath and Thomas Elmes from proceedings at Law against your orator touching any of the matter in question but also his Majesty’s most gracious writ or writs of subpoena issuing out of and under the seal if this Honourable Court to be directed to the said David Galbreath and Thomas Elmes and the rest of the confederates when discovered thereby commanding them and every of them at a certain day and under a certain pain therein be limited personally to be and appear before your Lordship in this Honourable Court then and there upon their several and respective corporal oaths full true direct and perfect answer make to all and singular the premises and further to stand to perform and keep such further order direction and decree therein as to your Lordship shall seem meet And your orators shall ever pray Wm Horne The National Archives – Ref : C/13/644/12 |