MRP: C5/53/26 f. 2
C5/53/26 f. 2
Abstract
Sir William Ryder makes answer in C5/53/26 f. 2 to the Bill of Complaint set out in C5/53/26 f. 1. Ryder contests several of the alleged facts stated in the Bill. Correcting the Bill he states that his former servant Richard Bayly only married Ryder's daughter after the events described in the Bill. He states that the £800 borrowed from John Colvile, the London goldsmith, was after the signing of the bond of £2000, and not before. He states that there was no agreement that the £2000 should be paid into Colvile's hands. He corrects the Bill which had claimed that all the iron & copper had been consigned only to William Cutler and not jointly to Cutler and Buckworth as required by the partnership agreement. Instead he claims that most of the goods and merchandize were consigned in joint names, and adds an allegation of his own that John Buckworth neglected the trust reposed in him and took no care and interest in the goods. New detail is provided of the functioning of the Joint Trade and Joint Stock, with Ryder stating that William Cutler acquired a large parcel of sugar, valued at £1947, and that the four partners agreed that the sugar would be brought into the Joint Stock. It was this sugar which necessitated the loan of £2000 from Richard Bayly.
Transcription
//XXX 27:th ?dei Octobris 1668//
//Na: Hobard (Or, Hobart)//
//The severall Answears of S:r William Ryder kn:t one of the Def:ts to the bill of Complaint//
//of S:r Richard fford knt & John Buckworth Marchant Comp:lts//
//All advantage of Excepcons to the Incertanityes & Insufficientyes of the said Bill to this Def:t nowe & at all tymes hereafter being saved & reserved for Answeare to soe much thereof as is materiall for him this Def:t to make Answeare unto ?he saieth That true it is in or about XXXXXXXXXXXXX May XXXXXXX//
//treaty & Agreem:t was had betweene the pts this Def:t & the Def:t Cuttler touching A trade of Iron & Copp barrs & other Merchandize fitt for the Guinney trade whereof all the ptners were & are free but not all free to import goods from Sweedland to be imported from Stockholme in Swedland and that they ??should XXXX XXXXXXXXXXXXXXX//
//XXXX ??this in the sayd trade and that A Joynt Stocke bee raised for carrying on the sayd trade and that the sayd trade should bee mannaged & driven on in the names of the Def:t M:r Cuttler & theP:tr M:r Buckworth for the equall benefit of themselves & the other XXXXXXXXXXXXX//
//XXXX of them pticulerly and not onely soe but that they should both joyne in the mannagem:t of the sayd trade & in the sayd Imploym:t and that all Letters & ord:rs should bee in both them names and that all goods w:ch should bee bought Abroad & sent come to London XXXXXXXXXXXXX//
//?them ?Joyntly ?and not to one of them in pticular But this Def:t denyeth that therewas any Agreem:t for placeing the said Joynt Stocke into the hands of John Colvile in the bill named or that moneyes XXXX bee raised or borrowed by the XXXXXXXXXXXXXXXXXXXXX//
//say ?Colville untill long after the said Agreem:t and after the moneys borrowed of M:r Bayly as as aforesaid Neverthelesse this Def:t beleveth and it is as this Deft is advised to bee reasonably intended that the said money borrowed of M:r Bayly should bee ??mislayd and in ??private XXXXX XXXX//
//XXX XXXX XXXX not to his knowledge any ptericler Agreem:t that neither that or any other moneys should not bee payd out but by the pticaler orders & direcconns of all the ptners nor was it to his knowledge agreed howe or by what ?ord:r the same was or should bee ??payd out and this Deft//
//beleweth that psuant to the sayd Agreem:t the Deft Cutler & the pte Buckworth gave such ord:rs to Thom:s Cutler the Deft Cutlers sonne & ?Daniell Sowton to buy Iron & Copp at Stockholme and to consigne the same to them joyntly as hee beleeveth with direcconns to draw bills of Exchange for//
//the vallue upon John & Charles Banks at Hambourgh and upon Will:mm & John Vanderwoort at Amsterdam who for their reimbursem:t were to drawe bills of the like value upon the Deft Cutler & the pte M:r Buckworth as in the bill is alleadged And this Deft beleveth that thereupon//
//severall quantities of Iron & Copp were by Thomas Cutler & Sowton bought at Stockholm & sent into England and the greatest pte thereof as this Deft alsoe beleiveth was consigned joyntly to the Deft Cutler & the pte M:r Buckworth and the residue thereof to the Deft Cutler alone. And ?for such//
//pte of the said Goods & Merchandize as were consigned to the Deft Cutler & the pte M:r Buckworth joyntly this Deft beleiveth that the pte M:r Buckworth in breach of the trust reposed in him upon the Agreem:t aforesaid pmitted the Deft M:r Cutler to dispose of both the goods soe consigned &//
//the 2800:li ?prem after menconed and never tooke any care or looked after the same And the sayd Deft Cutler hath not given any accompt for the same to this Deft or to the ptes as the Deft beleiveth But what or howe much of the said goods were consigned to the Deft Cutler & XXX Joynt //
//and what & howe much to M:r Cutler alone this Deft doth not knowe; And this Deft alsoe beleiveth that the said Thomas Cutler & Sowton for the sayd bills soe consigned drew bills of Exchange upon the sayd John & Charles Banks & the said Willmm & John Vanderworte who ?did XXXXX other bill upon//
//the deft Cutler & the pte M.r Buckworth or one of them but what the pticaler somees were w.ch were soe charged upon the Deft Cutler & the pte M:r Buckworth or either of them this Deft doth not knowe And this Deft saith that the Deft Cutler haveing bought A pcell of Sugar of the Royall Company w:ch//
//amounted to the value of 1947:li or thereabouts the same was by mutuall consent & Agreem:t of all the ptners as the plts well knowe taken into the said Joynt Stocke & trade and there being noe money brought into Stock as in the bill is alleadged and this Deft knoweing that XXXXX M:r Bayley (who//
//had beene formerly this Defts servant & hath since marryed this Defts daughter for hee was not then marryed to her as the bill supposeth had at that tyme 2000:li lyeing by him orr at his dispose thereupon XXX XXX this Deft did ppound that the sayd 2000:li should bee borrowed upon the securaty of all the ptners//
//but hee remembreth not nor is it materiall that this Deft undertooke that M:r Bayly should lend it at 5:li p Cent and upon this Defts sayd proposito all the ptners agreed to borrow the sayd 2000:li & to give all them bonds for it, and this Deft haveing moved & p:rvailed unto M:r Bayly to lend ?the sayd money for//
//six moneths at 5:li p Cent Interrest thereupon true it is this Deft & the sayd other ptners entred in to such bond dated about the XXX of August 1664 for securuty of the said 2000:li with such Interrest at the end of six moneths, In w:ch bond this Deft ?confesseth ?hee is ?first ?named for hee well remembreth//
//that upon ?hee saw the bond that hee tooke ?Offence thereat and for some tyme refused to seale the same untill hee was over psuaded to it by the rest of the ptners whereunto hee was ?therathen psuaded in as much as hee was then (as hee alsoe nowe is) advised that the ??bond made him//
//noe more A principall than anyone of the ?Obliger and upon the said bond was soe sealed it was lefte in the scriverners hands that made the same to bee delivered to M:r Bayly upon hee should demand the same and pay the sayd money but this Deft denyeth that the 2000:li was borrowed to pay the//
//800:li in the bill menconed to bee borrowed of M:r Colvile for that the same was borrowed after the sayd 2000:li or that the same was by any Agreem:t betweene the said ptners to be payd to the said M:r Colvile to this Defts knowledge but the same was by mutual consent to bee//
//pays out ?for on towards satisfaccon of the said sugars bought of the Royall Company & otherwise upon accompt of the sayd Joynt trade & ptnershipp and to the end that the same might bee soe imployed the sayd M:r Buckworth haveing declined to act in the managem:t of the sd trade contrary//
//to the trust reposed in him as aforesaid this Deft sent as servant Samuell Heron being A pson alsoe that usually did businesse for the sayd William Cutler to receive the sayd 2000:li and thereupon as this Deft believeth the sayd M:r Bayly or Alderman Backwell be XXXX XXX XXXX//
//whose 2000:li to the sayd M:r Heron who as this Deft believeth payd the same as followeth vizt To Thom:s ??Hole & ??Efez ??treasacon for the sayd Royall Company in pte of the sugars 500:li and there haveing beene about the same tyme A pcell of Copp barrs sent over from//
//Swedeland upon the accompt of this Deft & Cutler but paid for with the money of this Deft & sold or delivered to the said Royall Company at the rate & price of 979:li L:s or thereabouts there was 900:li payd upon that debt of sugars and the other 600:li was payd by mutuall//
//consent of all the ptrners for A pcell of Iron bought of one ?Horsfall and w:ch was or ought to bee brought into the said ptible accompt and the greatest pte thereof applyed to satesfye the remainder of the said sugars And this Deft ?hath beene informed & beleiveth it to bee true that the//
//said Complts & the Deft Cutler being acquainted that the sayd money was soe disposed they were satisfyed therewith nor was or is there any reason to this Defts knowledge whyany of the ptners should bee disatesfyed wth it ?thereupon all agreed that the sayd sugars bought//
//of the Royall Company should bee taken into the accompt of the sayd Joynt Trade And this Deft denyeth that ?ever any penny of the sayd money came to this Defts other than for paym:t for the sayd Copp barrs w:ch went towards satisfaccon of the sayd sugars XAnd this Deft denyeth//
//that the sayd money soe lent on accompte thereof was this Defts but the said Bayles money nor at the tyme of lending thereof was there any accompt depending betweene this Deft & M:r Bayly nor was the sayd money nor any pte thereof XXXX to satisfie & XXXX ?money that//
//was due & oweing from the said Deft Cutler to this Deft, And this Deft beleiveth that after the sayd Bond given to M:r Bayly & the disposicon of the money sent thereupon as aforesaid that there as an agreem:t ??som ??pfacon of the stock of the sayd ?ptnershipp in the hands of M:r Colvile//
//and there being the occasion for more money to carry on the sayd trade thereupon this Deft the plts & ?Cutler did by Joynt consent borrow 800:li more as this Deft taketh if of the sayd M:r Colvile but the certaine summe borrowed of M:r Colvile hee can not not set forth And he beleiveth that the//
//gave A note ?under their hands for paym:t of the same to the sayd M:r Colvile but never any penny of that money came to this Defts use nor doth he knowe howe the same or any pte thereof was disposed but hee is advised that the plt M:r Buckworth & the Deft Cutler ought to give accompt ?thereof//
//and hee hath heard & beleiveth that 300:li of the said money borrowed of M:r Colvile is repayd by the ??Dr X Cutler to M:r Colvile And albeit this Deft conceiveth that the Deft Cutler ought in Equity to pay both the said 500:li or what also remaines due to the sayd M:r Colvile & the said 2000:li with Interest//
//& costs to the other Deft Bayly hee haveing given noe accompt of the sayd Joint trade & ptnershipp to this Defts knowledge; yet this Deft knoweth not howe XXX XXXX XXX or this Deft can Avoyd paym:t thereof to the sayd M:rColvile & M:r Bayly and if any ?pte of the//
//?sayd money borrowed ?either of M.r Colvile or M:r XXXXXXX of the goods consigned to the Deft Cutler & the plt M:r Buckworth have beene ??misimployed w:ch this Deft knoweth not hee ?beleiveth that the plt M:r Buckworth is Answearable for the same & ought to make//
//good any default of the said Cutlers to the sayd other ptners soe not XXXX & pformed the trust in Joyneing with the sayd Cutler to transact & mannage the trade & ptnershipp but XXXXX pmitted XXXX to the XXXX & XXXXXX//
//?entring into the said ptnershipp as aforesaid And this Deft denyeth all & all manner of Combinaconn in the bill charged and traverseth & saith further without this XXXX other matter or thing in the sayd Pcell of ConXXXX ?contenied XXXX XXX effectuall to ?chargeXX//
//this Deft withall or effectuall for him to Answeare unto and ?frrom not sufficiently Answeared unto confessed or Avoyded traversed & denyed is true All matters & things this Deft is & shall bee readie to maintaine & prove as this ?hono:ble ?Court shall ?award And ?therefore//
//prayes to bee hence dismissed with his reasonable costs & ?charges in this behalfe most reasonablly susteined//
Commentary
See C5/53/26 f. 1
