Difference between revisions of "MRP: C5/54/40 f. 1"
| Line 11: | Line 11: | ||
//And John Buckworth Merchant Comp:lt// | //And John Buckworth Merchant Comp:lt// | ||
| − | //All advantage of excepconns to the incertaintyes insufficiencies and manifest imperfecconns of the Comp:lts Bill of Comp:lt to this Def:t now and att all tymes hereafter being saved& reserved for answere thereunto or soe much of y:e said Bill of Comp:lt as any way materiall concernyth// | + | //All advantage of excepconns to the incertaintyes insufficiencies and manifest imperfecconns of the Comp:lts Bill of Comp:lt to this Def:t now and att all tymes hereafter being saved & reserved for answere thereunto or soe much of y:e said Bill of Comp:lt as any way materiall concernyth// |
| − | //this def:t to answere unto, this Def:t answereth and sayth, That true it is about the tyme in the Bill for that purpose sett forth there was a treaty by and betweene the Comp:lts and the | + | //this def:t to answere unto, this Def:t answereth and sayth, That true it is about the tyme in the Bill for that purpose sett forth there was a treaty by and betweene the Comp:lts and the other deft:t S:r William Rider, and this def:t touching the sayd trade of Iron and Copper in y:e Bill named// |
//to be carryed on ioyntly betweene the Comp:lts, the sayd S:r William Rider and this def:t in Coepartnershipp, and that itt might be alsoe agreed betweene all parties that there should be a Stocke forthwith raised in order thereunto but doth not remember itt was agreed that the said Stocke soe to be// | //to be carryed on ioyntly betweene the Comp:lts, the sayd S:r William Rider and this def:t in Coepartnershipp, and that itt might be alsoe agreed betweene all parties that there should be a Stocke forthwith raised in order thereunto but doth not remember itt was agreed that the said Stocke soe to be// | ||
| Line 19: | Line 19: | ||
//raised should be placed in the hands of y:e sayd John Colvill of London Goldsmith as by y:e Bill is p:rtended And this Def:t doth alsoe beleive y:e itt was agreed betweene the Comp:lts the other Def:t S:r William Rider and this Def:t that the sayd trade of Iron & Copper should be managed// | //raised should be placed in the hands of y:e sayd John Colvill of London Goldsmith as by y:e Bill is p:rtended And this Def:t doth alsoe beleive y:e itt was agreed betweene the Comp:lts the other Def:t S:r William Rider and this Def:t that the sayd trade of Iron & Copper should be managed// | ||
| − | //by the Comp:lt John Buckworth and this Def: | + | //by the Comp:lt John Buckworth and this Def:t in both theire hands and sayth that most if not all the letters of advise sent, of Goods bought abroad and sent home did runn as well into the name of the Comp:lt John Buckworth and the name of this def:t as by the same Letters// |
// of advise ready to be pduced may appeare, This Def:t further sayth itt may be true (although of his pticuler knowledge he doth not remember the same) that itt was agreed ??all moneys att any tyme then after should be borrowed upon the accompt of the sayd ioynt trade should be payd// | // of advise ready to be pduced may appeare, This Def:t further sayth itt may be true (although of his pticuler knowledge he doth not remember the same) that itt was agreed ??all moneys att any tyme then after should be borrowed upon the accompt of the sayd ioynt trade should be payd// | ||
| Line 25: | Line 25: | ||
//in to the sayd John Colvill to be used upon y:e sayd ioynt trade & not otherwise and noe money to be yssued forth without the orders and direcconns of all partners & for equall benefitt & y:t true itt is the Comp:lt John Buckworth and this Def:t in purformance of the sayd Coepartnershipp did give// | //in to the sayd John Colvill to be used upon y:e sayd ioynt trade & not otherwise and noe money to be yssued forth without the orders and direcconns of all partners & for equall benefitt & y:t true itt is the Comp:lt John Buckworth and this Def:t in purformance of the sayd Coepartnershipp did give// | ||
| − | //orers to the sayd Samuell Sowton and Thomas Cutler in the Bill named being ffacto:rs resideing att Stockholme to buy certaine quantityes of Iron and copper and to consigne the same and draw such Bills of exchange to the vallue XXX y:e sayd | + | //orers to the sayd Samuell Sowton and Thomas Cutler in the Bill named being ffacto:rs resideing att Stockholme to buy certaine quantityes of Iron and copper and to consigne the same and draw such Bills of exchange to the vallue XXX y:e sayd John Bancks and Charles Bancks William// |
| + | |||
| + | //Vandervoort and John Vandervoort Merchants beyond the seas as in the Bill is sett forth who for theire reimbursem:t were ordered to draw like bills upon the Comp:lt John Buckworth and this def:t here in England And this Def:t further con sayth he confesseth itt too XXX ??sewall// | ||
| + | |||
| + | //quantitityes of Iron and Copper were bought by the sayd Sowton and Thomas Cutler att Stockholme upon accompt of the sayd ioynt trade and by them sent for England and sayth that if any of the pticuler Bills of ladeing were consigned to this Def:t in particuler without// | ||
| + | |||
| + | //nameing the Comp:lt John Buckworth (w:ch is more than this def:t knoweth) yett all the Letters of advise were as well to the Comp:lt John Buckworth as this Def:t and further sayth that true itt is [tera in document] of Iron and Copper were recvd being parcell of w:t were soe ??Lent but// | ||
| + | |||
| + | //other pcells which were soe sent were lost at sea by ship wrack but the pticulers of w:t came safe to Land this def:t cannott now exactly sett forth insoXXXX that the pticuler Invoyces w:th the Accompt thereof were long since ??desired by the Def:t to the hands of one Peter Proby sonne in// | ||
| + | |||
| + | //Law to the Comp:lt S:r Richard fford who was the pson appoynted by all parties to receive and keep the Accompt of y:e sayf ioynt trade to w:m Invoyces and accompts thereof soe delivered to the sayd Proby this def:t must and doth referre himselfe But this def:t sayth that for his// | ||
| + | |||
| + | //ptiuclar part he did XXXX XXXXX any parcell of the sayd Iron and Copper in ?Solo or otherwise to any person wXXX without the privity and ioynt consent of all parties, saveing onely a small quantity of Iron w:ch was soly by one Patrick XXXX then servant of this Def:t unto one Thomas// | ||
| + | |||
| + | //Westerne of London Ironmonger the pticuler Accompt whereof this Def:t cannott att p:rsent exactly settforth in respect that the sayd Lyle is in parts beyond the seas and kept the pticuler Accompt thereof w:ch this Def:t hath nott att p:rsent but this Def:t possitively sayth y:t XX same Iron w:ch was// | ||
| + | |||
| + | //soe sold to the s:d Westerne did not in the whole amount unto above the summe of Two hundred pounds and saveing alsoe one other parcell of Copper plates conteyning one hundred twenty & ffive in number w:ch this Def:t did ?ingage by way of security unto S:r Thomas Chambers of// | ||
| + | |||
| + | //?Bows knight for y.e summe of three hundred pounds w:ch summe this Def:t confesseth to kXXX recvd of the sayd S:r Thomas [yellow sticker obscures some words] thereof not herein before mennconed were sold by the consent of the Comp:lt and the s:d S:r William Rider to the Royall Company// | ||
| + | |||
| + | // | ||
Revision as of 17:38, November 2, 2011
C5/54/40 f. 1 Ford v. Cutler, 1668
Abstract
Transcription
//The severall answers of William Cutler Esq:r onf of the Def:ts to the Bill of Comp:lt of S:r Richard fford Kn:t//
//And John Buckworth Merchant Comp:lt//
//All advantage of excepconns to the incertaintyes insufficiencies and manifest imperfecconns of the Comp:lts Bill of Comp:lt to this Def:t now and att all tymes hereafter being saved & reserved for answere thereunto or soe much of y:e said Bill of Comp:lt as any way materiall concernyth//
//this def:t to answere unto, this Def:t answereth and sayth, That true it is about the tyme in the Bill for that purpose sett forth there was a treaty by and betweene the Comp:lts and the other deft:t S:r William Rider, and this def:t touching the sayd trade of Iron and Copper in y:e Bill named//
//to be carryed on ioyntly betweene the Comp:lts, the sayd S:r William Rider and this def:t in Coepartnershipp, and that itt might be alsoe agreed betweene all parties that there should be a Stocke forthwith raised in order thereunto but doth not remember itt was agreed that the said Stocke soe to be//
//raised should be placed in the hands of y:e sayd John Colvill of London Goldsmith as by y:e Bill is p:rtended And this Def:t doth alsoe beleive y:e itt was agreed betweene the Comp:lts the other Def:t S:r William Rider and this Def:t that the sayd trade of Iron & Copper should be managed//
//by the Comp:lt John Buckworth and this Def:t in both theire hands and sayth that most if not all the letters of advise sent, of Goods bought abroad and sent home did runn as well into the name of the Comp:lt John Buckworth and the name of this def:t as by the same Letters//
// of advise ready to be pduced may appeare, This Def:t further sayth itt may be true (although of his pticuler knowledge he doth not remember the same) that itt was agreed ??all moneys att any tyme then after should be borrowed upon the accompt of the sayd ioynt trade should be payd//
//in to the sayd John Colvill to be used upon y:e sayd ioynt trade & not otherwise and noe money to be yssued forth without the orders and direcconns of all partners & for equall benefitt & y:t true itt is the Comp:lt John Buckworth and this Def:t in purformance of the sayd Coepartnershipp did give//
//orers to the sayd Samuell Sowton and Thomas Cutler in the Bill named being ffacto:rs resideing att Stockholme to buy certaine quantityes of Iron and copper and to consigne the same and draw such Bills of exchange to the vallue XXX y:e sayd John Bancks and Charles Bancks William//
//Vandervoort and John Vandervoort Merchants beyond the seas as in the Bill is sett forth who for theire reimbursem:t were ordered to draw like bills upon the Comp:lt John Buckworth and this def:t here in England And this Def:t further con sayth he confesseth itt too XXX ??sewall//
//quantitityes of Iron and Copper were bought by the sayd Sowton and Thomas Cutler att Stockholme upon accompt of the sayd ioynt trade and by them sent for England and sayth that if any of the pticuler Bills of ladeing were consigned to this Def:t in particuler without//
//nameing the Comp:lt John Buckworth (w:ch is more than this def:t knoweth) yett all the Letters of advise were as well to the Comp:lt John Buckworth as this Def:t and further sayth that true itt is [tera in document] of Iron and Copper were recvd being parcell of w:t were soe ??Lent but//
//other pcells which were soe sent were lost at sea by ship wrack but the pticulers of w:t came safe to Land this def:t cannott now exactly sett forth insoXXXX that the pticuler Invoyces w:th the Accompt thereof were long since ??desired by the Def:t to the hands of one Peter Proby sonne in//
//Law to the Comp:lt S:r Richard fford who was the pson appoynted by all parties to receive and keep the Accompt of y:e sayf ioynt trade to w:m Invoyces and accompts thereof soe delivered to the sayd Proby this def:t must and doth referre himselfe But this def:t sayth that for his//
//ptiuclar part he did XXXX XXXXX any parcell of the sayd Iron and Copper in ?Solo or otherwise to any person wXXX without the privity and ioynt consent of all parties, saveing onely a small quantity of Iron w:ch was soly by one Patrick XXXX then servant of this Def:t unto one Thomas//
//Westerne of London Ironmonger the pticuler Accompt whereof this Def:t cannott att p:rsent exactly settforth in respect that the sayd Lyle is in parts beyond the seas and kept the pticuler Accompt thereof w:ch this Def:t hath nott att p:rsent but this Def:t possitively sayth y:t XX same Iron w:ch was//
//soe sold to the s:d Westerne did not in the whole amount unto above the summe of Two hundred pounds and saveing alsoe one other parcell of Copper plates conteyning one hundred twenty & ffive in number w:ch this Def:t did ?ingage by way of security unto S:r Thomas Chambers of//
//?Bows knight for y.e summe of three hundred pounds w:ch summe this Def:t confesseth to kXXX recvd of the sayd S:r Thomas [yellow sticker obscures some words] thereof not herein before mennconed were sold by the consent of the Comp:lt and the s:d S:r William Rider to the Royall Company//
//
Commentary
