Letter – Martin Morrison to James Finlay – 14 Jan 1808

Mr James Finlay Cross Edinburgh				Newcastle 14 Jan[ua]ry 1808



I now enclose you the draught of a Summons against Messrs Taylor and Sons which I think in every respect accurate. In the Memos which are usually signed at this office on the purchase of Lead and Litharge, it is specified to be paid for in cash or good Bills on London due at the end of six months, but when payment is fixed to be in Bills the Pen is sometimes run thro[ugh] Cash which is probably the case with the Memo in your possession.

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George etc etc  Whereas it is humbly meant and shown to Us by our <Covites> Thomas Richard Beaumont Esq of Bretton Hall in Yorkshire and James Finlay, Solicitor of the Supreme Courts of Scotland, his Attorney, conform to Power of Attorney, granted by the said TR Beaumont Esq to the said James Finlay dated the 19th December in the year 1807 herewith to be produced. That on the 6th day of November 1806 John Taylor & Sons in Queensferry, by one of their Partners, who was accompanied and introduced by John Hall in Newcastle, purchased from the pursuer Thomas R[ichar]d Beaumont Esq at his office in Newcastle, 18 Casks of Litharge at £40 Per Ton to be paid for in good Bills on London due at the end of six months from the date of the purchase for which they subscribed a purchase note, & received a ticket for delivery of the Litharge purchased by them, they, at the same time stating that they would have occasions soon thereafter, to purchase from the pursuer considerable quantities of Litharge. That after the purchase had been completed the said John Taylor & Sons signified their wish that the said TR Beaumont Esq furnish the Litharge to be shipped for Queensferry; and they were informed that was not the pursuers practice to ship any goods he sold which were deliverable at the pursuers works about 4 miles from Newcastle, that he would take no trouble & be at no expense about the shipment of the said Litharge purchased by the said John Taylor & Sons; and that they must employ some person in Newcastle to transact their business for them as well regarding the Litharge then purchased many further quantities they might purchase and the shipment of these goods. That the said John Taylor and Sons by their Partners aforesaid then delivered the Ticket which they had received for delivery of the Litharge purchased by them to the said John Hall as their Agent, and directed the said John Hall to ship the said litharge for them, and observed that when they might want more litharge from the pursuer they would write to the said John Hall that he might get the same shipped, which the said John Hall acquiesced in & as Agent for the said John Taylor & Sons he made payment of the price of the said quantity of litharge. That the said John Taylor & Sons by the said John Hall their agent at Newcastle, thereafter purchased and received from the pursuer Thomas Richard Beaumont Esq the following quantities of litharge on the dates & at the prices after specified, & to be paid for in good Bills on London due at the end of six months from the date of the respective purchases, & which quantities of litharge were transmitted by the said John Hall to the said John Taylor & Sons accordingly, vizt. On the 15th April 1807, 18 casks of Litharge weighing 108 cwt 2 qtrs & 7 lb at £37 per ton amounting to £200-16-9 Sterling. On the 28th May 1807, 30 casks of Litharge weighing 184 cwt 0-0 at £34 per ton amounting to £312-16 Sterling. And on the 18 August 1807, 30 casks of Litharge weighing 183 cwt 3-7 at £29 per ton amounting to £266-10-6 Sterling. And although the pursuer by Mr Martin Morrison his Agent in Newcastle, & by the said James Finlay his attorney has frequently desired & required the said John Taylor & Sons defenders to make payment to him of the said sum of £206-16-9 Sterling the price of the said litharge furnished by him on 15th April 1807, with the legal intrest thereof since the 15th October 1807, also the said sum of 312-16/ Stg the price of the said Litharge furnished by him on the 28th May 1807 with the legal interest thereof since the 28th day of November 1807, & to deliver to him good Bills on London payable at the end of six months from the 18th day of August 1807 for £266-10-6 Sterling the price of the Litharge furnished by him on the date last mentioned, yet they refuse at least so to do unless compelled as is alleged. Therefore the said John Taylor & Sons and   [line left blank]  the individual partner of the Company trading under the form of John Taylor & Sons in Queensferry defenders ought and should be <delivered> and ordained conjointly and severally, by decree of the <Lord> of <our> Council & Session to make payment to the said TR Beaumont Esq as the said James Finlay his Attorney pursuers of the several sums of money and interest thereof as aforementioned viz of the said sums of £200-16-9 Sterling the price of 18 Casks of Litharge weighing cwt 108-2-7 at £37 per ton furnished by the <pursuer> TR Beaumont Esq to the said John Taylor & Sons defenders by the said John Hall their Agent on 15 April 1807 with interest thereof from and since the 15 day of Oct 1807 being six months after the date of the furnishing, and in time coming during the not payment, Also of the said sum of £312-16-0 Stg the price of 30 Casks of Litharge weighing CWT 184-0-0 at £34 per ton furnished by the said TR Beaumont Esq <pursuer> to the said defenders, by the said John Hall their Agent on the said 18th August 1807 with legal Interest thereof from & after the 18th day of February 1808 being six months after the date of the said furnishing & interest coming during the not payments, the said 18 Feb[rua]ry 1808 being always come & by gone; & of the sum of £100 St[erlin]g or of such other sum more or less , as our said Lords shall modify, as the expenses of the proofs to follow hereupon, besides the dues of extracting the device to be furnished therein after the form & tenor of the laws and daily practice of Scotland observed in the like cases in all parts as is alleged.

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