Trewman’s Exeter Flying Post or Plymouth and Cornish Advertiser: issue 4491: Thursday January 22nd, 1852: Classified Ads 

Valuable Quays, Wharfs, Water-side Premises, Dwelling houses and seats in Chapels for Sale: To be sold by public auction on Thursday, 5th day of Feb. Next, at Moorehead’s Royal Hotel, Devonport at half past six o’clock in the evening, by Mr. Joseph Elms, auctioneer: The following desirable property: [6 lots and 4 pews] Lot 3: – All that Dwelling house and premises, with it appurtenances, situate and being No. 49, in St. Aubyn Street, Devonport, together with the Stable and Dwelling House in Barrack Street, at the rear thereof. The former is now in the possession of Messrs. Pinsent at the yearly rent of £55, and the latter in the possession of Mr. Dunn, at the yearly rent of £20. The above premises were some times since in the occupation of the Devon and Cornwall Banking Company, and are now held for the residue of a term of 99 years, determinable on the death of three lives aged respectively 39, 37 and 32, Conventionary Rent, £6 0s, Heriot £12 12s. For viewing the premises apply to the respective tenants; and for further particulars and information apply to Messrs. Beer and Rundle, Solicitors, Devonport: Dated Devonport 13th January 1852. 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO0741 Devonport: Richard Steele Pinsent: 1820 – 1864

Bristol Mirror: 17th January 1852

From Redon in the Jeune Celestine: B. Pinsent, 720 qrs barley. … 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO1194 Hennock: Joseph Burton Pinsent: 1806 – 1874

Bristol Times and Mirror: 17th January 1852

Bristol Police Court: The Mayor, Colonel Worrall and R. Jones Esq. … … Mr. Burton Pinsent, corn factor, Welsh-back, asked the opinion of the bench upon the point raised in the subjoining facts: A French vessel came to this port with a cargo of wheat consigned to him, and finding the berth opposite his warehouse to be unoccupied, the captain took possession of it, and commenced discharging; some time after; however, a Welsh trader, came up and the captain of which insisted on the Frenchman turning out from the inside berth, and on the Frenchman refusing, cut his cable and turned him adrift. What he wanted to know was this: whether occupying warehouse on the Back, and paying extra rent and charges, his vessels had not a right to remain in the berth which they might take up as being most convenient for discharging the Cargoes? … (discussion) … The Bench expressed their opinion that no ship should take up a berth except by direction of the quay warden or harbour master; and that no vessel had a right to eject another from a berth which could only be property done by command of the same authority. … … 

[see also Bristol Mirror on the same date] 

… Also … … A Begging Letter Impostor: John Hancock, a middle-aged man, was charged with obtaining money under false pretenses. It appeared that on Wednesday last the prisoner went into the warehouse of Mr. B. Pinsent, Welsh back, and presented a petition stating that he was death and dumb, and that he wished to make up a sum of £25 for the purpose of placing a sister in the asylum at Bristol. He wrote on a slate to the effect that he must have the money by Friday, and at last induced a gentleman named Hall to give him a shilling; Mr. H. however, hearing the afternoon that he was regaling himself at the Giant’s Castle public hose, caused him to be apprehended, when he was found to be “a great sham,” Mr. J. Bush solicitor, deposed that he gave the prisoner half a crown recently, his charitable feeling having by excited by the same tale. … (continues with discussion of forged letter) … The Mayor said it was a gross case of imposition, and committed him for three months as a rogue and a vagabond … 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GROxxxx xxxxx

Leicestershire Mercury: Saturday 17th January 1852

Marriage:  On the 11th Inst, at All Saints’ Church, Mr. James Jonson to Miss Elizabeth Pinsent, both of this town 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO0221 Tiverton: Elizabeth Pinsent: 1833 – xxxx

The Bristol Mercury, Saturday January 17th, 1852: issue 3226: News

Council House: Bristol, Saturday January 10th:Magistrates present: The Mayor, Co. Worrall & Mr. Jones: Mr. Burton Pinsent, corn-factor, Welsh Back, appeared before the bench, and asked their worships’ opinion upon the point raised in the subjoined facts: A French vessel came to this port with a cargo of wheat consigned to him, and finding the berth opposite his warehouse to be unoccupied, the captain took possession of it and commenced discharging; some time after, however, a Welsh trader came up, the captain of which insisted on the Frenchman turning out from the inside berth, and on the Frenchman refusing, cut his cable and turned him adrift. What he wanted to know was this, – whether, occupying a warehouse on the Back, and paying extra rent and charges, his vessels had not a right to remain in the berth which they might take up as being most convenient for discharging their cargoes? Mr. Jones thought that the fact of renting a warehouse had nothing to do with the occupancy of berths, though certainly no vessel had a right to turn another out without the direction of the quay warden, and if damage had been done to the Frenchman the captain of the Welsh trader might be summoned. Co. Worrall thought the first vessel that came had the right to the quay wall. Mr. Burgess: Who placed the Frenchman next to the wharf? Was he placed there by the harbour master? Mr. Pinsent (as we understood) said he did not know, but the captain of the Welsh trader asserted a general leave to lie there given to him by the quay warden. In the course of conversation which took place, the bench expressed their opinion that no ship should take up a berth except by the direction of the quay warden or harbour master, but that no vessel had the right to eject another from a berth, which could only be properly done by command of the same authority. 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO1194 Hennock: Joseph Burton Pinsent: 1806 – 1874

Bristol Times and Mirror: Saturday 17th January 1852

Bristol, Foreign and Irish Imports: In the Jeune Celestine, Grazais, from Redon: B. Pinsent 720 qrs. Barley… 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO1194 Hennock: Joseph Burton Pinsent: 1806 – 1874

Trewman’s Exeter Flying Post or Plymouth and Cornish Advertiser: issue 4439: Thursday January 2nd, 1851: News

Newton Abbot: At the Newton Abbot County Court, held last week, the following cases which excited much interest in the trade were tried by W.M. Praed, Esq.: Matthews and others v Pinsent and Burgoyne: This was a claim for the value of fifty bushels of malt. Mr. Stogon, of Exeter, conducted the case for the plaintiffs, Messrs. Matthews, and Opie, hop and spirit merchants, and Mr. Taverner, of Exeter. Mr. Francis, of Newton, appeared for the defendants, Mr. Pinsent, brewer of Newton, and Mr. Burgoyne, his traveller. Mr. Duke, innkeeper of Chudleigh, on the 21st of December, 1850, made an assignment of his property and effects to the plaintiffs, as trustees under his estate for the benefit of his creditors; and the same day after the effects were taken possession of, Mr. Burgoyne obtained from Duke fifty bushels of malt, which he took away from the premises, and sold for Mr. Pinsent, who was a creditor. Application was made for the return of the malt, which was refused, and then the action was brought. These facts having been deposed to Mr. Francis for the defendants, remarked that by the deed given, the plaintiffs had obtained a preference over all other creditors, and submitted that as Restall who was in possession of the property, gave up possession to Burgoyne, there was a defence to the action. His Honour said, it was not because a person who had been put in possession of effects improperly gave up property, that such a proceeding was to be taken as an answer to a claim such as that made in this case, it might be regretted that in some cases of this kind there would be a scramble amongst the creditors, but this could not justify a creditor, after an assignment had been made, in getting possession of and taking away goods, although such goods had been supplied by himself. He could only trust this as an undefended action, and his judgement was for the plaintiff: Damages £15; Costs £7 5s 5d. 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO0518 Devonport: John Ball Pinsent: 1819 – 1901

Trewman’s Exeter Flying Post or Plymouth and Cornish Advertiser: Thursday January 1st, 1852: issue 4488: News. 

Newton Abbot: County Court: before W.M. Pread, Esq. 

Frost v Pinsent: The plaintiff is a farrier, and the defendant a brewer, residing at Newton Abbot. The action was brought to obtain payment of £6 0s 6d, for attending cattle. It appeared from the evidence of the plaintiff, that in May 1847, the defendant’s servant Gale came to him with a request that he would come to Greenhill, the farm of Mr. Pinsent, and drench a calf; and on the following day he did so in the presence of Gale. He subsequently repeated the dose in the presence of a servant girl, and left word that he should be sent for if the calf did not get well. Hearing nothing more on the subject, he concluded it had recovered. In the beginning of the year, 1848, Mr. Pinsent called at plaintiff’s house, and requested him to go to Greenhill and examine some sheep, which he did and found the whole flock more or less infected. He wished the plaintiff to take them in hand at once and requested him to get the necessary ingredients for a mixture, which plaintiff did at Greenhill and struck the sheep with it, about 30 at that time, and some afterwards, which occupied about 40 days. A man named Tapp was employed by Mr. Frost for seven days and received from him 15s for his work, which was allowed by Frost in an account owing to him from Tapp. William Parnoll proved being present while Mr. Frost drenched the calves in 1847. A man named Gill, now in the employ of Mr. Pinsent gave evidence to the effect that Mr. Frost attended the sheep, but could not say how often, or how many times. The sheep were all sold to a butcher in September and were diseased at the time. Defendant could swear it was in September but could not say why he remembered it was in that month. Plaintiff came about once a week to see the sheep and was more “regular” once a week than twice a week. When Frost prepared the ingredients, he might have been there two hours a day; but never more than an hour when he struck the sheep. There was no sheep in the flock “diseased from the top of the nose to the sole of the foot” nor did he ever cure any of the sheep. Heard the plaintiff to say to the master, if he would pay for ingredients, he (plaintiff) would undertake to cure the sheep without any further expense. The ingredients prepared would last about a month, before another lot would be required. Mr. Francis for the defence said his friend Mr. Carter had summoned Mr. and Mrs. Pinsent but was so satisfied with the evidence already adduced that he had not called them. He (Mr. Francis) would, however, do so, and he thought he should be enabled to prove that a grosser attempt at imposition never came before the court. The facts of the case were simply thus, that Mr. Pinsent happened to drop the fact in conversation that his sheep were bad, when Frost offered to cure the sheep if Mr. Pinsent would pay for the ingredients. Mr. Pinsent was at that time in want of a hind, and perfectly understood that Mr. Frost offered to cure them with an idea of ingratiating himself into the good graces of Mr. Pinsent, and of obtaining the situation, which he afterwards applied for, but was not accepted. The whole number of sheep was not above 7 or 8; and Frost, being a man not addicted to going to Church, amused himself by going to view the sheep on Sunday morning, and about once a week else. Mr. Francis having adduced other statements in order to show that the case was a trumped up one, and for the sake of imposition, called Mr. and Mrs. Pinsent, from whose evidence it appeared that Frost was not known as a practising farrier. He came for the purpose of striking the sheep, and while there something was said about the calf, and on his offering to give it a drench, Mr. Pinsent agreed to it, but he was never sent for to do it. There was never any order from Mr. Pinsent for the subsequent items on the bill, of 9 drenches for three calves. He first met the complainant, who commenced the conversation by saying you have got the disease in your sheep, which Mr. Pinsent replied in the affirmative, remarking he feared his man did not understand sheep. Frost then offered to cure them for him, if he would pay for the ingredients, which Mr. Pinsent, after thanking him, agreed to, being much surprised at his liberality. His Honour to Mr. Pinsent: And with that surprise you said to him – Well! Now I must pay you for it. Mr. Pinsent: No, I did not say any such thing: His Honour: Well, it appears very odd you should have allowed him to go on so long a time if you did not mean to pay him. Mr. Francis: But he did not cure the sheep. His Honour: Nor does a physician his patients, but he is paid for his attendance. The cross-examination of Mr. Pinsent was then continued, from which it appears that when Frost handed in the account of £1 18s 0d, Mr. Pinsent replied that there was an account between Frost and his son, and if the former would take it to the latter, he (the son) would settle with him. Frost assented, saying, “very well”. And did so, he (Mr. Pinsent) believed at the time that was the whole of the amount. This was in the fall of 1849, and not until the spring of this year did Mr. Pinsent hear that Frost had any further claim on him and was perfectly astonished on receiving the account for the amount now claimed. Never saw Frost on the estate in 1847, but left everything at that time to my hind, with authority for him to engage any assistance. On enquiry since, having received Frost’s bill, witness enquired if the calves had been drenched, and found they had, but not by his order. In cross examination by Mr. Carter, Mr. Pinsent stated that he never saw Frost on his estate in 1847, He left everything to his hind, who might have engaged him, as he found the drench had been used. On receiving the bill of £1 8s 9d, he (Mr. Pinsent) concluded that all was included. His Honour: surely Mr. Pinsent, you are farmer enough to know that the ingredients prepared for sheep would not do for internal application to a calf? A butcher, whose very name savoured the plague, called Murrain, proved that “he went to bought” the sheep and “striked em”: This evidence being adduced to show that Frost did not cure them. On hearing the case, His Honour reserved his decision to Monday: Monday: Frost v Pinsent: His Honour gave judgement in this case, remarking that this was an action to recover the sum of £6 0s 6d, the remainder of a larger sum of £7 14s 10d for services rendered as a farrier, £1 8s 4d, the bill for ingredients, having been paid by allowing it in account, “owing from the plaintiff to defendant’s son”, which method His Honour said he could altogether approve of; as to the drenches which the plaintiff states that he administered, His Honour considered that it was sufficiently proved by the defendant’s acknowledgement that drenches were administered, and that as the time his hind had his authority to procure any assistance he might require. It was too much the practice of farriers, as well as other tradesmen, to take orders from servants without attempting to find out whether or not they were given by the master’s direction; but in the present case there was no doubt about the matter. The great contest in the action was the items for attending the sheep, which it appeared to place in 1848, from which time, until 1851, no demand was ever made on the defendant, and as there was a motive apparent which might have rendered the plaintiff gratuitously to offer his services, naming the fact that Mr. Pinsent was in want of hind, and the plaintiff’s anxiety to show his ability in order to gain the situation. This, as well as a letter and other circumstances to which His Honour had given consideration, induced him to give judgment for the plaintiff for £1 7s 6d, the items for drenches only. His Honour commented strongly on the practice so frequently adopted of settling debt and costs out of court after judgment had been given, as according to the appearance of the books it reflected no credit on the court, making it appear useless. 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO0518 Devonport: John Ball Pinsent: 1819 – 1901
GRO1036 Devonport: Thomas Pinsent: 1782 – 1872

Exeter and Plymouth Gazette: Saturday 27th December 1851

Newton County Court: (before W. M. Praed, Esq., (the Judge)). Matthews and Others v Pinsent and Burgoyne: This was a claim for the value of fifty bushels of malt: Mr. Stogdon, of Exeter, conducted the case for the Messrs. Matthews and Opie, hop and spirit merchants, and Mr. Taverner, of Exeter. Mr. Francis, of Newton, appeared for the defendants, Mr. Pinsent, brewer, of Newton, and Mr. Burgoyne, his traveller. Mr. Duke, innkeeper of Chudleigh, on the 21st of December 1850, made assignment of his property and effects, to the plaintiffs, as trustees under his estate, for the benefit his creditors; and the same day, Mr. Burgoyne obtained from Duke fifty bushels of malt, which took away from the premises, and sold for Mr. Pinsent, who was a creditor. Application was made for the return of the malt, which was refused, and then the action was brought. Mr. Merlin Fryer produced the deed of assignment, to the execution of which he was an attesting witness. He stated that Mr. Restail was left in possession of the effects, after the assignment was made, and that he had applied to Mr. Pinsent for the restoration of fifty bushels of malt, which had been refused. Cross-examined: The deed was signed about eight o’clock in the morning; Mr. Matthews and another were present; there was some objections on the part of Mrs. Duke to her husband executing the deed; the objection was raised on his first coming to the house, but was overcome in about a quarter of hour, when Duke sent for his son-in-law, Mr. Floud, to whom the deed was read over, and he told Duke that it was the most proper thing that he could do, upon which Duke signed the deed; being an old man, he was nervous when he signed, being frightened by his wife; Duke did not say he had not signed; he had heard that Duke had since said he did not sign the deed, but on his questioning him about it, he denied ever having said so. Duke called him the day before and explained to him the state of his affairs and stated what he wished to do. He spoke to Messrs. Matthews and Opie on the subject, and would only consent to act as trustees, on some hops and spirits recently sent to Duke, and not carried into his stock, being returned, which was done. He advised the assignment, to prevent the man from being made bankrupt; he had threatened to sue Mr. Restall for the value of the money. Robert Duke had kept the Exeter Inn, Chudleigh, for two years; he had done business with Mr. Pinsent and Mr. Matthews; he did not recollect having bought malt of Mr. Pinsent, but he knew the malt had been brought to his house; his son transacted the business; he consulted Mr. Fryer, of Exeter, and the malt, which was four brewings, was had three weeks or a month before: he did not know how much malt there was to a brewing, for he had not brewed himself, he was a coachman before he took, the inn: he did not know the cost of a brewing of malt, or how much was put make the beer: he should not think the cost would much above £5. He was in difficulties when he went Mr. Fryer; afterwards, when Mr. Fryer came to his house, signed a deed.  Mr. Burgoyne came to his house and said should like to have the malt; he said he had nothing with it, but Restall had the key, and if he liked to let him have it, well and good; he saw Mr. Restall and Burgoyne talking, and then went and got the key, and put it into his hand, and Mr. Burgoyne took it out without saying anything; not a word passed; supposed the key was taken get the malt; a cart came into the yard, and they hauled the bags of malt out; this was the same day he signed the deed. Cross-examined:  He signed the deed soon after Mr. Fryer came; he did not recollect having said he did not know what he had signed to; they said they had come to him to sign the deed, and he did it, and after that he went away and got his breakfast; Mr. Matthews said would not have anything to do with it until he had his hops and brandy out; he then went and hunted about the house, and found a bag, or a pocket of hops, which Mr. Matthews took possession of; he also found a jar of brandy, but he believed there was gin in it; he had some cider there belonging to Mr. Taverner, which was taken away after, the sale. Mr. Charles Matthews, one of the plaintiffs, was called, but as he had been in Court during the proceedings, and the witnesses on both sides having been excluded, Mr. Francis took an objection to Mr. Matthews being examined. Mr. Stogdon submitted that a plaintiff could not be kept out of the Court. His Honour said if he was to be called as a witness, he must leave the Court as the other witnesses did. After some discussion between the solicitors and his Honour as to this regulation, as it was not known as positive rule, Mr. Matthews was allowed to be examined, and he stated that he declined to hear a word of the deed read before he had got his hops and spirits out of Duke’s premises, the value of the hops was about £8 or £9; when Duke and his son-in-law saw that was determined, the hops and spirit were given up, and he had them removed and placed in possession of the Exeter carrier. The deed was afterwards signed, and Duke said he gave all to his creditors. Cross-examined: The spirit he got was not his brandy; it was brought to him such, and he sent it on to Exeter, but he found, on examination, that it was gin, sent by Mr. George Durant, and he sent it to him, telling him the circumstance.  Mr. Restall, auctioneer, of Chudleigh, stated that after he was put in possession of Duke’s effects, Mr. Burgoyne came and told him had spoken to Duke, who bad agreed to give up the malt, and he wished to have tee key; he refused to give the key; about an hour afterwards, Mr. Burgoyne came again, and asked permission see the documents; he replied that had not got any; Burgoyne said he had no right there, his refusal to deliver malt would be of no avail if Mr. Duke agreed to give him the key; after some hesitation, he said he should not give the key to him (Burgoyne) but to Mr. Duke; Mr. Burgoyne said the malt had been recently bought there, and urged that as a reason why he ought to have the malt; he said that they should recollect he took no responsibility upon himself, and he gave up the key to Mr. Duke; he did not know what was done with the key, and what became of Mr. Burgoyne afterwards; he went up stairs; he did not see the cart come; he took the inventory, after he had given up the key, and did not find any malt on the premises; the key only belonged one room, and was not the key of the room; the cider spoken of was sold to Mr. Taverner, and paid for by him. William Shade, of Chudleigh, was employed by Thomas Flood, a son-in-law of Mr. Duke, to take down a load of something to Newton, to Mr. Pinsent’s, and he agreed for 4s. 6d., he was told by Burgoyne afterwards to take the goods to the Kings Arms, in Chudleigh, and he did so, Strawbridge the landlord, paying him. David Bailey, was employed by Mr. Restall, to go to the Exeter Inn, to remain there as assistant bailiff, to look after what was there; Mr. Burgoyne came to the Inn where he was and asked to see the documents, but he made no answer; some conversation took place between Mr. Burgoyne and Mr. Restall, and then Mr. Duke came and demanded the key of the long-room, saying if he did not get the key he should break open the door: Duke said if one had away things, did not see why others should not; the key was given by Mr. Restall, and Duke and Burgoyne went down towards the room where there was some racks. Mr. Strawbridge, landlord of the Kings Arms, said Shade brought some malt to him, which Mr. Burgoyne had sold him; it was fifty bushels, and had it in a quarter of an hour after he bought it; he knew Mr. Burgoyne to be Mr. Pinsent’s traveller, and had bought malt from him before; the malt cost 6s. a bushel; he had paid for the malt in his account with Mr. Pinsent; he did not know at the time where the malt was brought from. Mr. Francis, for the defendants, submitted that sufficient proof had not been given of the sale of the malt taken from Duke’s to Mr. Strawbridge, but his Honour thought the evidence was sufficient.  Mr. Francis observed that Mr. Pinsent felt it to his duty not to submit to this claim, without bringing before this public court, to have his Honour’s judgment, that it might be known in what way these things were sometimes managed. He then remarked upon the plaintiffs’ having obtained preference over all other creditors, and submitted that as Restall had given possession, there was a defence to the action. His Honour said, it was not because a person who had been put in possession of effects improperly gave up property that such a proceeding was to be taken as an answer to a claim such as that made in this case. It might be regretted that in some cases of this kind there would be a scramble among creditors, but this could not justify a creditor, after assignment had been made, getting possession of and taking away goods, although such goods had been supplied by himself. He could only treat this as an undefended action, and his judgment was for the plaintiffs: Damages £15, Costs, £7 5s. 5d. 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO0518 Devonport: John Ball Pinsent: 1819 – 1901

Western Times: Saturday 27th December 1851

COUNTY COURT: Saturday: (Before W. M. Praed, Esq., Judge.):  Matthews and Opie and Tavener v Pinsent and Burgoyne. The plaintiff, wine, and spirit merchants, of Exeter, sued the defendants, the former a spirit merchant of Newton Bushel and the latter a traveller in his employ, for the sum of £15, under a deed of assignment executed to them by Robert Duke, innkeeper of Chudleigh. Mr. Stogdon appeared for the plaintiff, Mr. Francis for defendants. It appeared that Mr. Pinsent had supplied Duke with malt immediately before he made the assignment of his goods for the benefit of his creditors. Mr. Burgoyne arrived in Chudleigh the morning the assignment was made, and with the consent of Duke removed the malt after the assignment had been made and sold it to a landlord in the same town. Mr. MERLIN FRYER, solicitor, of Exeter, produced the deed of assignment made by Duke about 8 o’clock in the morning of the 21st of July. Messrs. Matthews and Tavener executed it the same day, and Mr. Opie on the Monday following — witness put Mr. Howard, auctioneer, in possession of the goods on the premises. Mrs. Duke raised an objection against her husband’s signing the deed, but after it had been read over in the presence of Flood (his son-in-law) and Matthews, he signed it. Witness had heard that Duke had said he did not know what he had signed, but on the witness questioning him he denied that he had ever made such a remark. Mr. Matthews hesitated to become a trustee under the deed, until after Duke consented to return to him a pocket of hops which he had previously supplied. After Duke had himself named the trustee, the witness called on Matthews who said: I sent Duke a pocket of hops only a few days ago, and he must have known how he stood. We are creditors to a large amount beyond the last order, and if Duke has not carried the hops into stock and will return them, we will become trustees.” The witness advised Duke to return the hops, and they were removed with a jar of spirits into an opposite house before the deed was executed. Matthews threatened to drive Duke into the Bankruptcy Court if he did not come to the terms proposed. Witness had demanded the sum sued for by Mr. Pinsent several times, once on the 8th of Dec, but he refused to pay. Counsels’ opinion had been taken twice on this case. His Honor asked to see the deed — lengthy document — which was handed to him. Judge seemed rather astonished, and asked Mr. Fryer if he read and had explained it to Duke in a quarter of an hour. Mr. Fryer replied in the affirmative, and His Donor observed that Mr. Fryer capabilities surpassed his own in that respect. Mr. Stogdon offered to read it to his Honour in ten minutes, a favor which was significantly declined. Mr. DUKE was then examined. He said he had been in business for two years. About twelve months ago he got into difficulties and consulted Mr. Fryer. He had the malt in question of Mr. Pinsent, about a fortnight before he made the assignment for the benefit of his creditors. Did not know the quantity of malt he had, nor how much he took for a single brewing. Had previous to going into this business been employed as a coachman. Mr. Burgoyne called at his house about an hour after he had signed the deed and said he would like to have the malt back. Witness said he did not know anything about it, but that “Restall has the keys, if he likes to give it up to you, well and good”. Saw Restall talking to Burgoyne afterwards, and then Restall came to witness with the key, and the door was opened, and took away the malt, and placed it in a cart. Witness did not recollect that he had ever said he did not know what he had signed. His recollection was not very good but knew he did not tell Mr. Burgoyne so. The deed was read to the witness before he signed it by Mr. Fryer: Mr. Matthews took away his hops and brandy before the deed was signed. There was some cider on the premises, which Mr. Tavener bought at the sale. Mr. MATTHEWS, one of the plaintiffs, corroborated what was said, relative to the malt. The pocket of hops was supplied to him only 48 hours before he was asked to become trustee; he certainly refused to do so without the hops and brandy being restored. GEORGE RESTALL said he was employed to take possession about half past ten in the morning. He saw Mr. Burgoyne in the parlour with Mr. Duke, he came out and asked witness for the malt, saying that he had seen Mr. Duke, and he had agreed to give it up; witness refused to give up the key, he went away and came back again in about an hour, and asked to see the documents that gave witness power to hold possession; witness said he had none, and Mr. Burgoyne said “you have no right to keep possession if Mr. Duke likes to give me up the malt;” witness said he would give the key to no one but Mr. Duke, Witness ultimately gave the key to Mr. Duke, but did not see the malt removed. When the witness afterwards took an inventory of the goods on the premises there was no malt. Mr. Howard held the sale; a hogshead of cider was left after the sale, and it was sold to … The learned advocates each side, his Honour gave judgment for plaintiffs, with £7 6s 4d costs. 


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO0518 Devonport: John Ball Pinsent: 1819 – 1901