MRP: C5/53/26 f. 2
C5/53/26 f. 2
Abstract
Transcription
//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 Excepcon 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 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 XXXX 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 XXXXXXXXXX//
//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 ?scuty 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 ?him ??say ?mXXX 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 XXXX 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 noew is) ?advised XXX as XXX have 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 XXXXX 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//
Commentary
