New York Gazette - 15 Jun 1772
THOMAS GALBREATH, & Co.
Have opened their store in the Main-street, betwixt Burling's slip and the
fly-market, where they have for sale on the lowest terms, a general
assortment of the following articles, imported in the Lady Gage, and the Rose,
from London, and in the Hibernia, from Liverpool, and in the Cato and Buchanan,
from Scotland;
Kenting aprons, flowered with rich borders, 5-4 to 6-4 wide;
flowered silk aprons, 6-4 rich borders; lawn aprons, sewed with a needle 6-4
wide; black alamode, best silk and hair wove basket buttons, different colours;
best hair ditto, coat bindings, different colours; breeches, patterns, different
colours, 2, 3, 4 thread; buckrams and glazed linen, different kinds; Scotch
bibles, testaments, glass beads of all colours; paste beads, mock garnet
different kinds; camblets, carpets and carpeting, different sizes; broad and
narrow cotton checks; ivory and horn combs; crook do. broad cloths different
colours, from 8s to 32s; bath coating different colours; callimancoes different
colours; cambricks, printed calicoes and cottons, different kinds; printed,
copper plate callicoe, red and white for bed furniture; diaper, of different
kinds; duffles different colours; durants different colours; white Russia
drilling; brown Russia drab; figured dimothees broad and narrow, coarded do.
broad and narrow; garters of different kinds; gauze, plain silk, black and
white; spotted, sprigg'd, and strip'd black and white do. Queen's net, black and
white; womens leather gloves and mitts; maids and girls ditto, different
colours; scarlet and black gimps, banks of mohair, different colours; Kenting
handkerchiefs flower'd with rich borders, different kinds; strip'd handkerchiefs
different kinds, tape border'd do. d. spot, ditto check; strip'd silk gauze,
border'd handkerchiefs different colours; strip'd picket ditto, different
colours; flowered and bordered, with a rich border; check border'd silk gauze
handkerchiefs; lawn handkerchiefs sewed with a needle, different kinds; linen
check handkerchiefs, from 7s. to 30s. per dog, cotton checks, ditto, from 7s. to
30s. large fring'd black silk handkerchiefs; mens wool hats, different kind,
bound and unbond; brown holland, different kinds; red and white printed
handkerchiefs; blue and white do. chip hats different kinds; sprigg'd lawn, 7-8,
5-4, and 6-4 wide; spotted ditto, ⅞, 5-4, 6-4 wide; striped ditto, ⅞,
5-4, 6-4 ditto; plain ditto, ⅞, 4-4, 5-4, and 6-4 ditto; Dutch lace
different kinds, black silk lace from 1s. to 8/6, white silk lace, 8d. to 8/6,
white thread, trolly lace, from 1s. to 15s. per yard; cotton and thread laces,
and cords for stays; clear lawns, muslins different kinds, Paris, meal and
spider net and catgut, different prices; sewing needles of all kinds; canabrigs
black and coloured persians; writing paper different kinds; pins 4 and 4 half,
ribbons of all sorts, different colours; black love ribbons, Scotch tartan
plaid, from 2s.3d. to 4s.6d. per yd, mens plain and ribbed worsted stockings,
different colours; womans worsted and thread stockings; boys worsted and thread
do. of different colours, both plain and ribbed; shallons of different colours,
from 1s.8d. to 3s. per yd, baladine sewing silk, different colours; stocking
worsted different kinds; silk straps for breeches, different colours, worsted
do. black and colour'd sattens, plain and figured from 5s. to 10s.6d. per yard;
silk damascus, white striped and check; German serge different kinds; womens
shoes of different kinds; coloured thread of different colours; white flemish
do. bed ticks of different colours from 1s.6d. to 4s.6d. per yard; baladine
three cord London twist, different colours; best scarf two cord do. do. broad
worsted tapes, different colours; narrow ditto, sundry colours, linen tapes
different kinds, table cloths large and small, damask patterns, tammies,
different colours, white silk trimmings, different kinds; white Scotch thread,
from No. 5 to 60; wilton cloths, different colours; velverets, different kinds.
New York Gazette - 7 Sep 1772
THOMAS GALBREATH
Acquaints the PUBLIC
That having received advice by the last packet, which renders him under the
necessity of leaving America, for Scotland, with all convenient speed; ....
therefore all indebted to said company, are desired to pay off their accounts
immediately; likewise all who have any demands on said Thomas Galbreath, will
call for payments, at his store betwixt the Fly-Market and Burling's Slip; where
will be sold at public sale, at vendue, to the highest bidder, the whole
stock of goods on hand. The sale to begin at 10 o'clock to-morrow morning,
and to continue from day to day 'till all is sold off, at said store.
N.B. The store possessed by the above Thomas Galbreath, and Co. will be LET,
from this until May next, with one room and a cellar, if required by the person
inclining to rent the same.
New York Gazette - 14 Jun 1773
The copartnership between Thomas Galbreath and Co. being dissolved, all
persons indebted to said Company are requested to settle the same immediately
with THOMAS GALBREATH, who has just arrived from Great Britain, and has imported
a general assortment of goods, consisting of millinery, haberdashery, and
hosiery. Likewise, an assortment of books, and various kinds of stationary;
exceeding good Scotch snuff, best Scotch barley in kegs, and extraordinary
Scotch herrings.
N.B. As Mr. Galbreath was where the goods are manufactured, they are very neat
and well chosen, and will be sold very reasonably, at his Store between the
Fly-Market and Burling's Slip.
New York Gazette - 31 Jan 1774
To be SOLD
A HOUSE and LOT of GROUND in the Fly, now in the possession of Mr. Thomas
Galbreath, merchant. The lot is 20 feet in front, and 140 deep. The house is in
good repair, and is and excellent stand for business. There is a yard a stable,
and a good pump and cistern. Whoever inclines to purchase the same may apply to
George Elsworth, at Newton, or John Elsworth, at Mr. William Kerby's, opposite
the Old Slip.
New York Gazette - 28 Feb 1774
PUBLIC AUCTION
By THOMAS WM. MOORE.
On WEDNESDAY next,
At the same Place, (the Merchants coffee house)
The convenient well situated house and lot of ground in which Mr. Thomas
Galbreath now lives, next door to Messrs. Robert and John Murray's store, in the
Fly, rented for the next year at 80£. The lot is 21 feet 4 inches in front, and
16 1-2 in the rear; 11 rod and 3 feet in length on the east side, and, 10 rod
and ten feet on the west side, all Dutch measure. The house has four fire-places
in it, and a kitchen back; a cellar under the whole house, a stable, cistern,
grass-plot, pump and well.
Rivington's New York Gazetteer - 5&12 May 1774
THOMAS GALBREATH
Has moved to the corner house facing the Fly-Market, lately possessed by Mr.
Josiah S. Vavasor, where he is opening for sale an assortment of goods suitable
for the season, imported in the Earl of Dunmore, Capt. Lawrence, and expects a
fresh supply from London, Liverpool and Scotland, by the first vessels which are
daily expected, and will be sold on very low terms, &c.
A house to let, and entered immediately, being the one lately occupied by Mr.
William Stuart, druggist, and next to Mr. James Rivington's, in the mains
street; it needs no recommendation, being among the best stands for business in
this city. For particulars enquire of Mr. Galbreath.
Rivington's New York Gazetteer - 14 July 1774
All persons indebted to the estate of Hugh Gray, deceased, are desired to
make immediate payment; and those that have accounts against said estate, are
required to bring them in to
Alexander Robertson, and Thomas Galbreath } Administrat.
New York Journal - 15 Dec 1774
New York, Dec. 14. 1774.
The subscribers have imported in the Lady Gage, from London, which sailed from
hence about the 10th of August last, and arrived here the 10th inst.
The following goods, viz.
(Note - Numerous goods listed, no indication of which goods
belong to which subscriber, or why they were being sold under the direction of
the general committee).
And we being heartily disposed to comply with the association entered into
by the late continental Congress; Give this public notice, that the above goods
will be sold at Capt. Doran's, on Friday the 16th inst. at 10 o'clock, under the
direction of the general committee.
For particualrs, apply to the sub committee, who will attend there, for that
purpose.
(A list of names follows, with the date of order of the goods.
The dates varied per person.)
Thomas Galbreath - 6th Aug.
New York Gazette - 19 Dec 1775
The subscribers have imported in the ship Sally, Capt. John Bruce, from
Greenock, cleared out at the custom-house there October 3, and arrived here the
15th of Dec. the following goods, viz.
(Note - Numerous goods listed, no indication of which goods
belong to which subscriber, or why they were being sold under the direction of
the general committee).
And we being heartily desirous to comply with the association entered into
by the late continental Congress; Give this public notice, that the above goods
will be sold at the Coffee-House, on Tuesday the 20th inst. at 10 o'clock, under
the inspection of the following gentlemen, viz. (several names
listed)
The goods were ordered at the under-mentioned dates.
(A list of names follows, with the date of order of the goods.
The dates varied per person.)
1773, Nov, Thomas Galbreath.
Rivington's New York Gazetteer - 4 May 1775
To the PUBLIC
Thomas Galbreath, being under the necessity of going to Halifax and Quebec,
intends selling off, the first opportunity that offers; and proposes going for
Scotland early next fall, and not being certain of returning to New-York,
acquaints the public in general, and his friends in particular, that he will
dispose of the stock of goods he has on hand (being well sorted) at a cent, and
some articles lower, for ready money, at his store, the corner of Maiden lane,
facing the Fly-Market; he requests of his friends to settle their accounts,
which will be a singular favour, and gratefully acknowledged by their most
humble servant,
THOMAS GALBREATH
New York Gazette - 22 May 1775
To the PUBLIC.
THOMAS GALBREATH, being under the necessity of going to Halifax and Quebec,
intends setting off the first opportunity that offers; and proposes going to
Scotland early next fall; and not being certain of returning to New-York,
acquaints the public in general, and his friends in particular, that he will
dispose of the stock of goods on hand (being well sorted) at a cent. and some
articles lower, for ready money, at his store the corner of Maiden Lane, facing
the Fly Market. He requests of his friends to settle their accounts, which will
be a singular favour, and gratefully acknowledged by their most humble servant.
THOMAS GALBREATH
N.B. The following are a part of the articles to be sold as above mentioned,
(thereon appears a list of goods of similar nature to the
those listed in the advert above, dated the 15 Jun 1772).
New York Journal - 13 Jul 1775
we the subscribers, sensible of the advantages derived from the trade of the
colony of Connecticut, and desirous of giving their bills of credit, a currency
equal to those of the other neighbouring provinces, do promise and oblige
ourselves to receive the same in all payments whatsoever.
New York July 10, 1775.
(thereon appears a long list of names including the
following).
Thomas Galbreath,
(and his son David's future father-in-law)
John Stites.
Rivington's New York Gazetteer - 21 July 1775
New-York, July 10, 1775.
We the subscribers, sensible of the advantages derived from the trade of the
province of Connecticut, and desirous of giving their bills of credit a currency
equal to those of the other neighbouring colonies, do promise and oblige
ourselves to receive the same in all payments whatsoever.
(amongst other names) ... Thomas Galbreath, .......
New York Gazette - 21 Aug 1775
A sale of GOODS.
On Tuesday the 5th of September next, will come on the sale of the whole stock
of goods belonging to Thomas Galbreath, at his store in Queen street, facing the
Fly market, and will positively be struck off to the highest bidder. Any person
inclining to purchase any part of said goods at private sale, before the vendue
comes on, may apply at said store, where they will be sold remarkably cheap (for
ready money only)
N.B. All persons indebted to said Thomas Galbreath, are requested to be in
readiness to settle their accounts, as he is under a necessity of soon leaving
New York.
A few very neat LOOKING GLASSES remains yet on hand, and will be sold extremely
cheap; and what don't sell before the 5th of Sept. will then be sold with the
rest of the goods at vendue, and also a parcel of mens fine caster hats.
New York Gazette - 15 Jun 1778
THOMAS GALBREATH,
At No. 219, Queen street, has imported by the ship Alfred, from London,
A large assortment of silk gauzes both black and white, among which are
fashionable trimming gauzes of all kinds, and rich brocaded gauze handkerchiefs,
bonnet paper, mens beaver hats both black and white, trimmed with gold cord,
mens velvet bound ditto boys Macaronies and turn'd up whinseys trim'd with gold
cord and gold bands, fashionable plated shoe and knee buckles, common buckles
all kinds, large and small, soldiers copper regimental ditto, knives, seissors,
razors, links of all kinds, plain carv'd plated and gilt metal buttons, very
newest patterns, playing cards, writing quills, silver watches, chapes for
silver buckles, with many other articles suitable for the season, too tedious to
enumerate.
New York Gazette - 24 Aug 1778
THOMAS GALBREATH
Being finally resolved to leave this country, intending for Britain as soon as
he can settle his business; therefore by this acquaints the public, the stock of
goods he has on hand will be sold on exceeding low terms, by the quantity, for
ready money only. And all who are indebted to him, are requested to settle their
accounts immediately.
N.B. The goods are exceedingly well assorted, may be seen at Mr. Galbreath's
store, No. 219, Queen-street, near the Fly-market.
New Jersey Gazette - 18 Nov 1778
Notice is hereby given.
To all persons who may have claim, interest, or demand to, or against the estate
of ....(amongst others named) ...... Thomas Galbreath, ......., to appear
with their respective accounts, vouchers and evidences before the subscribers in
Newark, on or before the 9th day of January next ensuing, then and there to have
the same adjusted and settled - Likewise notice is here given to those who are
indebted to the Commissioners for goods bought at their sales, to make immediate
payment, to prevent trouble.
Joseph Hedden, jun., Samuel Hayes, Thomas Canfield } Commissioners
Essex county, Nov 9, 1778
Note - This was a Commission by the Americans during the War of
Independence, on "traitors" who sided, or were seen to side, with the
English. Our Thomas Galbreath was of New York, however the wording of the
above "bought at their sales", and "now with the enemy" in
the following item, indicate that those named, or some of them, to be merchants,
and in New York. As Thomas Galbreath's son David's father-in-law, John Stites, was
similarly caught whilst trying to trade between New York and the Americans, this
gives some indication and possibility that the Thomas Galbreath named may well
be Thomas Galbreath, merchant, of New York.
New Jersey Gazette - 18 Nov 1778
Public notice is hereby given to all persons who have in their custody or
power, any goods or chattels, bonds, bills, mortgages, notes, books of accounts,
or other instruments of writing, or who are indebted to the following fugitives
and offenders, now with the enemy, viz ...(amongst others named) ......
Thomas Galbreath, .......; and shall neglect to make immediate discovery thereof
to one or more of us the subscribers, Commissioners for the County of Essex, may
expect to be dealt with as the law in that case hath provided.
Joseph Hedden, jun., Samuel Hayes, Thomas Canfield } Commissioners
State of New-Jersey, Essex County, Dec. 9, 1778.
(see note in next item above)
New York Gazette - 9 Aug1779
The creditors of John Smith, late of Hanover Square, are requested to leave
an Account of their debst with Mr. Thomas Galbreath, this Day, in Queen-street,
and to call on Thursday for their Dividend; and all Persons indebted to the
Estate of the said John Smith, are desired to pay the same directly, otherwise
they will be summoned before the Superintendant.
New York Gazette - 11 Oct 1779
Military YARN HOSE, Do. GLOVES and MITTENS, Of the first quality, To be sold
on the lowest Terms, by THOMAS GALBREATH, at No. 219, Queen-street,
Who is now opening an excellent assortment of Coating, both twilled and plain,
and has on hand a general assortment of Dry Goods, imported by last Fleet. Also,
a few Chests of the best Bohea TEA, of the first Quality.
Royal Gazette (New York) - 23 Oct 1779
Thomas Galbreath, At No. 219, Queen-Street,
Begs leave to acquaint the Public and his Friends in particular, that he sails
by the very first fleet for London, therefore desires those who have any demands
against him to call for payment, and all those indebted to him are requested to
settle their accounts speedily.
The whole stock of goods now remaining on hand being a general and very neat
assortment will be sold on very reasonable terms for cash by his son David
Galbreath, who remains at the store to settle and wind up that concern.
N.B. May be had at the same store a parcel of Sailor's winter jackets, lined
with flannel, and yarn stockings of different colours, also military yarn hose,
gloves and mittens, by the bale, at a very low advance on sterling cost, and
many articles at first cost.
1 Apr 1783 - London Gazette
To the King's most excellent Majesty,
May it please your Majesty,
We, your Majesty's dutiful and loyal subjects, merchants and traders of London,
interested in the Commerce with North America, beg leave to approach your Royal
presence to express the grateful sense we entertain of your Majesty's paternal
regard for the welfare of your people, in having been graciously pleased to put
an end to the calamaties of war, peculiarly distressing to the commercial
interests of your Majesty's dominion. And although the efforts that have been
made to give to your faithful subjects the advantages they may have promises
themselves from returning peace have hitherto proved ineffectual; we have the
fullest confidence in your Majesty's wisdom and goodness, that you will
recommend such measures to be adopted as may be most likely to revive the
commercial intercourse between this country and North America; that the laws
which may be made for the regulation thereof, may be made with that liberality
which we conceive to be the true policy of commercial states, which may tend to
re-establish and perpetuate perfect harmony and friendship between the two
countries, and secure to the British Empire the invaluable blessings of peace.
That your Majesty may long be preserved to govern a free and grateful people;
and that your posterity may be for ages and protectors of commerce, and the
guardians of the civil and religious liberties of this country, is the ardent
prayst of,
May it please your Majesty,
Your Majesty's dutiful and loyal subjects
Thomas Galbreath (Amongst a list of others).
New Jersey Gazette - 24 May 1784
These are to give Notice,
To all those that have demands against the estates of the following persons,
fugitives and offenders against the state of New-Jersey, to lay such demand or
demands, or other voucher, before such persons as are appointed to ascertain the
value of such demands, agreeably to the directions of the act, intitled, 'An act
for ascertaining the value of debts due from the estates of certain fugitives
and offenders, and for directing the payment of the same,' passed at Trenton the
23rd day of December, 1783. ...........(amongst a list of names) ..................
Thomas Gillbrath .........Notice is hereby given to all persons that are
indebted to any of the above-mentioned persons, and have not paid the same to
some or more of the commissioners of the county of Essex, to make immediate
payment to the subscriber, or they may depend on being prosecuted as the law
directs, both as to fine and for the amount of what may be due.
Samuel Hayes, Agent for the County of Essex. April 26, 1784.
(see notes in items above of 1778)
31 Aug 1785 - Independent Journal (New York) - Issue 183, pg.2.
Yesterday sailed the ship Mentor.............; and at the same time sailed
the new ship Sally, Captain Wright, lately launched at New-London, for Glasgow,
with Mr. Galbreath, Merchant, of Queen-Street, ....
(Note - this cannot have been David, as he married in New York on the 12 Oct,
only 6 weeks later, not enough time to sail to Glasgow and back. It was perhaps
his father Thomas from London, or his brother Thomas jnr.?)
31 Jul 1787 - London Gazette
Notice is hereby given, that the copartnership of Thomas Finlayson, Thomas
Galbreath and Henry William Harper, of Bow Church Yard, warehousemen, under the
firm of Finlayson, Galbreath and Harper, and also at Glasgow, under the firm of
Henry William Harper and Co. was, by mutual consent, dissolved this day; All
demands upon the above firms will be paid by Thomas Finlayson, of Bow Church
Yard, who is empowered to receive and discharge all debts due to the said
copartnership; witness our hands this 28th day of July 1787.
Thomas Finlayson, Tho. Galbreath, H. W. Harper
The Times (London) - 26 Jan 1789
London Tavern. January 7, 1789.
At a numerous and respectable Meeting held this day, by public advertisement, of
the Merchants, Bankers, and Traders of the City of London, Samuel Beachcroft,
Esq. was called to the chair.
The following motion was moved and seconded; and, upon the question being put,
was carried in the affirmative by a great majority.
"That the thanks of this meeting be given to the Right Honourable William
Pitt, Chancellor of the Exchequer, for his able, spirited, and manly defence of
the Constitutional Rights of this Empire, and to those Members of the Honourable
House of Commons, who have supported him on the occasion."
Signatures (Continued form our Last.)
G. Wade, Royal Exchange
Thomas Galbreath, Bread Street
William Sharp, Bow Lane
(Thence followed and very large number of names continuing for the rest of
this column, and continuing for the next entire column.
Of note is that Thomas was the second person named. In a petition to the
Provincial Congress of New York in 1775, he was the first signature. Perhaps
indicating he was a principal in these matters.)
The Times (London) - 22 Oct 1789
LOST, between Islington and No. 40, Petticoat-Lane,
A Back Leather Pocket Book, containing sundry Bills, &c.
One Bill for 250£. drawn by Jacob Le Ray and Sons, New York,
12th August, 1789, on William and Jan Willink, Esqrs. Amsterdam, at 60 days
sight, accepted 5th October, due 7th December, payable at Christopher and
Richard Puller, Esqrs. London.
One Bill for 500£. drawn by James Cramond, New York, 10th
August 1789, on Phillips, Wood, and Wilkinson, Manchester, at 60 days sight,
accepted 5th October, due 7th December, payable at Joseph Dennison, Esq. and
Co.'s London.
One Bill for 200£. drawn by Jacob Le Ray and Sons, New York,
12th August, 1789, on William and Jan Willink, Esqrs. Amsterdam, at 60 days
sight, accepted 5th October, due 7th December, payable at Christopher and
Richard Puller, Esqrs. London.
One Bill for 150£. drawn by John McLeod, Shekburn 15th July
1789, on Charles Cook, Esq. London, at 60 days sight, accepted 21st September,
due 23rd November, payable at Messrs. Lockharts, and Co. London.
One Bill for 25£. drawn by Charles Colbourn, New York, 18th
July, 1789, on Brook Watson, Esq. and Co. London, at 30 days sight, noted for
non-acceptance 21st September.
One Bill for 100£. drawn by John Robertson, New York, 16th
July, 1789, on Peter Berthon, Esq. London, at 60 days sight, noted for
non-acceptance 31st August.
One Bill for 100£. drawn by Thomas Cadle, New York, 2d July,
1789, on Richard Draper, London, at 90 days sight, for non-acceptance 17th
August.
One Check, dated 12th October, 1789, drawn by Joseph
Wilkinson, on Messrs. Smith, Payne, and Smiths, for 500£.
One Bill for 2008£. 8s. 5d. due 16th July, 1789; of said Bill there has been
received 1590£. as marked on the back thereof; payment of the balance of the
said Bill being stopped.
One Bill for 250£. payable to Robinson and Harvey.
One Bill for 500£. payable to David Galbreath.
One Bill for 250£. payable to David Galbreath.
One Bill for 150£. payable to Donald McLeod.
One Bill for 25£. payable to Gilbert Fouler.
One Bill for 100£. payable to Robinson and Harvey.
One Bill for 100£. payable to Henry Pope.
And also sundry small Bills on different persons insolvent,
which can be of no use whatever to any person except the owners; in said Book is
a small Almanack, and sundry papers with valuation of sundry Fixtures &c.
A reward of five guineas is hereby offered for said Book, and
its contents, by bringing it to No. 16 Bread-street, Cheapside.
N.B. As payment of said Bills and Check are stopped, no
greater Reward will be offered, as all the second? Bills of Exchange are in the
possession of the owner.
[Whilst
this advert is anonymous, it was almost certainly placed by Thomas Galbreath,
merchant of London. At this time, 1789, he was living in Colebrook Row,
Islington. The pocket book was lost between Islington and the City. Also the place to collect
the reward, 16 Bread St, Cheapside, is
recorded as his business address in the Universal British Directory of 1791. Two of the lost bills
were for his son, David Galbreath, a merchant of New York.
N.B.
A Pocket Book was a "notebook, a book like case for papers etc. carried
in" - Oxford Concise Dictionary.
The Times (London) - 6 Feb 1794
On Tuesday last, at Reading, Thomas Galbreath, Esq. of Islington, to Miss
Elizabeth Augusta Crawford.
The Times (London) - 4 Jul 1795, page 3, col.c
LAW REPORT - GUILDHALL, LONDON, July 3
Sittings before Lord Kenyon and a Special Jury of Merchants
DE GARRON v GALBREATH
Mr PARK opened the pleadings.
This was an action on a policy of insurance, on a quantity
of silks on board the Ann Maria, to recover the amount of the defendant's
subscription, which was £200. The policy was at and from Genoa to Lisbon.
This vessel failed, and, on her arrival at Lisbon, it was found that, in
consequence of bad weather, the silk in question had been damaged, so
there was a particular average loss of £44 per cent. No less than seventy
underwriters had subscribed this policy, all of whom, except fifteen, of
whom the defendant was one, had settled the loss. When the plaintiff gave
the defendant an account of the loss - when he had lain before him all the
papers on which the average loss was made out, if all the circumstances,
when put together, did not appear in his judgement to amount to sufficient
evidence of such a loss, he might have resisted the demand made on him,
and have pleaded to the action, taking no notice of the information he had
received , but might have proceeded to trail. But what did the defendant
do in the present case? --- When the plaintiff laid before him every
circumstance on which the average loss was calculated, he adjusted the
policy, and agreed to pay £44. 6s. 6d., the average loss per cent. The
Learned Counsel conceived, that no point was better settled, than that
when an Underwriter happened to have all the papers laid before him, from
which a loss was ascertained, when he had examined them, had found them
satisfactory, and after that adjusted the policy, in the manner this
policy had been adjusted, and agreeing at a time certain to pay an
average, nothing was clearer than that was, prima facie ,
evidence against such an Underwriter. The adjustment of the policy, he
contended, was sufficient to throw the onus on the defendant, to compel
him to put in his defence, and to shew why he had changed his mind.
Lord Kenyon said, the defendant might go on to certain
degree, to settle this loss, and then he might find out some mistake, by
receiving new light on the subject.
His Lordship was most decidedly of opinion, that the
plaintiff must prove his case.
Mr Erskine contended, that, as the present defendant
had agreed to pay £44. 6s. 6d. per cent in one month, he was bound by
that, till he made out in evidence, that he had proceeded on a mistake.
Lord Kenyon said, he should have held the adjustment of
the policy evidence that the defendant had underwritten it.
Mr Erskine stated, that the plaintiff in this case had
no other evidence than the adjustment of the policy.
A witness was here called on the part of the plaintiff,
who, among other things, proved, that the present defendant had all the
papers upon which the average loss was calculated in his possession, from
Saturday to the Monday or Tuesday following, and that when the defendant
came to town, he bought the policy along with him, adjusted.
Lord Kenyon thought that those who had acted fairly and
candidly ought to be fairly and candidly dealt by. And if they had drawn
hasty conclusions from any written evidence that had been laid before
them, it would be a great deal too much to say that they ought to be
concluded by an adjustment, when perhaps they had discovered that they
proceeded on a mistake.
The plaintiff ought always to prevail by strength of
his own case, and not in consequence of the weakness of the defendant's.
His Lordship said, he could put many cases, where
infinite injustice would be done, if the plaintiff was not obliged to
prove his case.
Mr Erskine observed, that he did not mean to say this
adjustment was binding on the defendant, but only that it was prima
facie evidence, to put him on his defence -----
Plaintiff nonsuited.
17 Oct 1795 - London Gazette
London, October 7, 1795
Notice is hereby given, that the partnership lately subsisting between us,
the underwritten Andrew Brown, William Sharp, John Burns, Thomas
Galbreath, James Henderson, John Sharp, and Colin Sharp, under the firm of
Brown, Sharps, and Co. London and Paisley, was, by mutual consent,
dissolved on the 13th day of January 1794; and that the business from that
time hath been carried on, under the same firm, by Andrew Brown, William
Sharp, John Burns, John Sharp, and Colin Sharp, who are authorized to
receive all debts due to the said late partnership, and to whom any having
claims thereon will apply for payment.
Andr. Brown, William Sharp, John Burns, Tho. Galbreath, James
Henderson, John Sharp, Colin Sharp.
22 Jun 1799 - London Gazette
Notice is hereby given, that Mr. Thomas Galbreath, of
Colebrook Row, in the parish of St. Mary, Islington, died on the 20th day
of May last; and that all persons having any claim or demands on his
estate are forthwith required to send in their respective accounts to
Messrs Dobre and Thomas, Crane Court, Fleet Street, addressed to his
executors, Messrs Sharp, Freeman, and Dobre, that the same may be examined
with all convenient speed : And all persons indebted to the said Thomas
Galbreath are hereby required forthwith to pay the same to the said
Messrs. Dobre and Thomas, who are duly authorised to receive and give
discharges for the same.
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