Sackett v Griffin
Proceedings in the Chancery Court, London, 1735
Summary
Captain John Sackett (1697–1753), master of the ship Bedwell, was contracted in April 1733 by London merchant James Bradley to transport to London from the James River, Virginia, 150 or more hogsheads of tobacco. The agreed freight charge was £7 per ton, a ton being reckoned as four hogsheads. Upon arrival in Virginia, the contracted cargo was not available for loading, and the ship sailed back to London with a less valuable substitute cargo. John Sackett brought an action against Richard Griffin and James Bradley Jr, respectively partner and son of James Bradley, the original party to the agreement, who had since died. The dispute centred on whether Bradley had known and agreed that Sackett was to sail first with a cargo to Lisbon, Portugal, before proceeding to Virginia, it being counter-claimed that the reason for the non-availablity of the tobacco cargo was Captain's Sackett's late arrival at the James River.
—Chris Sackett, Oct 2014
Chancery Record C11/1519/37
SACKETT v. GRIFFIN (1735)
COMPLAINT
7th Mar 1734 HAMILTON
To the Right Honorable Charles Lord Talbot Baron of Hensol Lord High Chancellor of Great Brittain
1
Humbly Complaining showing unto your Lordship your Orator John Sackett of London Mariner late Master of the Good Ship or Vessell called the Bedwell of the Burthen of two hundred Tuns or thereabout That James Bradley – late of London Merchant
2
having (as he pretended) occassion to import from Virginia in the West Indies great quantities of Tobacco into this Kingdom entered into a Charterparty of Affreightment with your Orator intended and made the tenth day of Aprill which was in the year of our
3
Lord one thousand seven hundred and thirty three whereby your Orator let Freight on board his said Ship for one hundred and fifty Hogsheads of Tobacco certain and so much more as the said James Bradley should think fit to load on board the said Ship and the said
4
James Bradley accordingly hired and took the said Ship for the said Voyage and your Orator did thereby for himself his Extors and Admors covenant promise and agree to and with the said James Bradley his Extors and Admors and Assigns that your Orator should on or
5
before the eleventh day of the said month of Aprill Depart out of the River Thames and directly as Windward and Weather should permit should sail and apply to James River in Virginia and there stay sixty running days (if required) to load receive and take on board
6
the said Vessell of and from the said James Bradley his Factors or Assigns from the usual and accustomary places and Distances one Hundred and fifty Hogsheads of Tobacco and so many more Hogsheads as the said James Bradley his Factors and assigns should be
7
minded to put on board the said Vessell not exceeding what the said Vessell could reasonably stow or carry in her over and above her Tackle Apparel or Furniture and the said sixty running days being expired or the said Ship there sooner dispatched that she should
8
Directly as Wind and Weather should permit sail and return into the said River Thames and within ten days after her Arrival unload and deliver unto the said James Bradley his Extors and Assigns all such Tobacco as should have been by him or them loaden on
9
Board the said ship at Virginia and so to end her said intended Voyage (the Perils and Dangers of the Seas and Restraint of Princes and Rulers during the Voyage always excepted) In Consideration whereof the said James Bradley for himself his Extors and Admors did thereby
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covenant promise and agree with your Orator his Extors Admors and Assigns not only to load on board the said ship at Virginia one hundred and fifty Hogsheads of Tobacco certain & unload the same out of the said Ship at the Port of London within the several days aboved limitted
11
for the doing thereof But also should and would well and truly pay or cause to be paid into your Orator his Extors or Assigns in and for the said Voyage at and after the rate of seven pounds Sterling by the Ton accounting four Hogsheads of Tobacco to the Ton for each and
12
every Ton of Tobacco so shipped on Board the said Ship at Virginia and delivered so proportionably for a lesser Quantity than a Ton at and imediately on Delivery of the said Tobacco at the said port of London Together with average accustomed and to the performance of the
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Agreement your Orator and the said James Bradley bound themselves their Exors and Admors and especially your Orator bound his said Ship her Freight and appurtenances and the said James Bradley bound his Goods to be loaden on board her the other to the other in the penal sum of
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five hundred pounds of lawfull mony of Great Brittain as in and by one of the said Charterparties in the custody or power of your Orator and under the hand and seal of the said James Bradley and by him duly executed Relation thereunto being had may more fully and at large appear
15
and your Orator further showeth that though by the said Charterparty it is therein mentioned that the said Ship or Vessell should sail directly from the said River Thames to Virginia as aforesaid yet during the said Treaty for letting the said Ship or Vessell and before the execution of
16
the said Charter party it was declared and agreed between your Orator and the said James Bradley both before and at the time of executing the said ^Charterparty and also afterwards that the said Ship or Vessell was ^to go first to Lisbon within the Kingdom of Portugal to deliver a loading of Corn there and from
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thence to sail to Virginia on her said intended Voyage and the said Ship or Vessell was actually loading with Corn for Lisbon as aforesaid during the Treaty for letting the said Ship to the said James Bradley and he was acquainted therewith but it not being taken Notice of to the
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Scrivener or the person who drew the said Charterparty no Mention was made of it but your Orator showeth that the said James Bradley was consenting thereto and put an Agent of his on Board the said Ship or Vessell and before the said Ship or Vessell sailed acquainted such Agent that the
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said Ship or Vessell was to go to Lisbon as aforesaid before she proceeded on her Voyage to Virginia for the purposes aforesaid or the said James Bradley declared to that or the like effect and your Orator showeth that the said Ship or Vessell on the said eleventh day of Aprill one thousand
20
seven hundred and thirty three fell down from London to Blackwall and proceeded on her Voyage to Lisbon aforesaid and arrived there on or about the fifth day of May then next following and delivered her Loading there and as soon as she could be dispatched there sailed from thence for James
21
River in Virginia aforesaid and arrived there on the eighteenth day of August then next following and moored at Merchants Brandon there the place appointed and from that time was ready to take on board the said one hundred and fifty Hogsheads of Tobacco and so many more Hogsheads as the
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said James Bradley his Factors or Assigns should be minded to put on board the said Ship or Vessell not exceeding what the said Ship or Vessell could reasonably stow or carry in her over and above her Tackle Apparel or Furniture And your Orator showeth that the said James Bradley his
23
Factors or Agents or any of them did not during sixty running days after your Orators Arrival in James River as aforesaid load or put on board the said Ship or Vessell any Tobacco whatsoever and thereupon your Orator made the Protest on or about the ninth day of November one thousand seven
24
hundred and thirty three against the said James Bradley and all others whom it might concern for Breach of the said Charterparty and for all Damages and Costs which should accrue thereby and your Orators Detention there beyond his limitted time or the said protest was to that or the like
25
Effect and your Orator showeth That on or about the fifteenth day of November one thousand seven hundred and thirty three and not before there were shipt on board the said Ship or Vessell lying at Virginia as aforesaid nine Hogsheads of Tobacco only on account of the said James
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Bradley and your Orator after having procured with much Difficulty and Expence one thousand one hundred and twenty eight Barrells of Tarr or thereabouts being equal to ninety four Tons of Tobacco or thereabouts and which took up much more room in Stowage than the like
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burthen of Tons of Tobacco and forty nine ^more Hogsheads of Tobacco and four Casks of Skins and Snakeroot on account of the other persons sailed with the said Ship or Vessell from the said Island of Virginia for London and arrived there on or about the ninth day of December one thousand seven
28
hundred and thirty three whereby considerable Loss and Expence happened unto your Orator by reason that the said James Bradley his agent or Factors or any of them did not put on board the said Ship or Vessell the said one hundred and fifty Hogsheads of Tobacco according to
29
the Intent of the said Charterparty and by reason of the Demorage of the said Ship or Vessell which continued fifty two days at the said Island of Virginia after the sixty running days from her arrival there and during which space of time your Orator expected great
30
Sums of mony for the Wages and Maintenance of the sailors in this Ship or Vessell and otherwise and your Orator showeth that at the time of the said James Bradley entering into the said Charterparty he the said James Bradley was Partner in Trade with Richard
31
Griffin and James Bradley his son ^or one of them and though their names were not made use of in the said Charterparty yet the same was so made on the Partnership Account and the said Richard # # Griffin and James Bradley the son ^or one of them was or were interested and concerned therein And your
32
Orator further showeth That the said James Bradley the Father is since dead leaving the said Richard Griffin and James Bradley his Surviving Partners and the said James Bradley the Father also made his last will and Testament in Writing and appointed the said Richard
33
Griffin and James Bradley his son Extors of his said Will (who since his Death have duly proved the same) and your Orator hath applied to the said Richard Griffin and James Bradley the son to make Satisfaction unto your Orator either as surviving Partner of the said James
34
Bradley Deceased or as Extors of his said Will by reason he did not perform and keep his said agreement made with your Orator and to pay unto your Orator the Freight of the said one hundred and fifty Hogsheads of Tobacco and likewise to account with your Orator for
35
the said Demorage of his said Ship or Vessell and the costs and expenses of your Orator relating thereto your Orator hereby waiving the penalty of the said Charterparty and relying only on what shall be found and unto your Orator upon a fair and just account But now so it
36
is may it please your Lordship that the said Richard # # Griffin and James Bradley combining and confederating themselves and to and with the diverce other persons unknown to your Orator whose names when discovered your Orator prays may be herein incerted and they made
37
parties hereto with Apt Words and Names to charge them how to injure and oppress your Orator severally Declare that they or either of them will not make any satisfaction or Recompence unto your Orator touching the Matters aforesaid and give out in Speeches that if your
38
Orator shall commence any suit or Action at Law against them or the said Charterparty or otherwise that they will plead a Deviation in the said Ship or that your Orator did not sail directly to Virginia and by means thereof will nonsuit your Orator in any such action at Law by
39
reason that your Orator first sailed to Lisbon as aforesaid before he proceeded on his said Voyage to the Island of Virginia contrary to the Form of the said Charterparty although the said Confederates do severally know have been informed or do believe that the said James Bradley
40
who entered into the said Charterparty with your Orator agreed or was willing before or at the time of executing the said Charterparty that your Orator should first proceed and to go to Lisbon before your Orator should go to Virginia as aforesaid and that he intended and agreed to
41
Freight the said Ship at the said Island of Virginia in the manner and at the price aforesaid notwithstanding your Orators Departure to Lisbon and that the said James Bradley the Testator and your Orator relying on the Honesty and Integrity of each other for the mutual performance of the said
42
Charterparty in all other points and not cause it to be expressed in the said Charterparty that your Orator was first to depart for Lisbon and at other times the said Confederates severally pretended that your Orator made a longer Stay in his said voyage at Lisbon than was necessary and by means thereof the said James
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Bradley the Testator and his Agents and Factors or any of them were prevented from freighting the said Ship or Vessell with the said one hundred and fifty Hogsheads of Tobacco or any greater Quantity of Hogsheads whereas the said Confederates do severally know believe or have been informed that your Orator made no longer
44
stay at Lisbon in his said Voyage than to clear out his said Loading there and proceed to Virginia as aforesaid on his said Voyage without further Loss of time than what happened through the accident of the Winds and Seas and that the said James Bradley his Agent and Factors or any of them either through their
45
willfull Default or also through Accident had not prepared and got ready the said one hundred and fifty Hogsheads of Tobacco or any greater Quantity wherewith to Freight the said Ship or Vessell and that no Loss or Damage happened to the said James Bradley the Testator by reason the same did not arrive sooner
46
at the Island of Virginia and at other times the said Confederates have acknowledged that your Orator ought to have and receive a suitable Recompence and Satisfaction touching the Matters aforesaid but severally pretend that they ^or other of them were not Partners with the said James Bradley deceased at the time of his entering into the said Charterparty or that they were
47
in noways interested or concerned therein or if they were Partners the same was not made on the Partnership Account but on the Account ^only of the said James Bradley ^deceased and that he the said James Bradley the Testator is dead insolvent & that they or any of them have not possessed Assetts of the said Testator to satisfy the said Demands of your Orator and that what
48
assetts have been recovered by them have been duly administered and applyed towards payment of specialty Debts of a higher Nature than your Orators said Demands Whereas your Orator chargeth and so the Truth is that the same was made on the Partnership Account or if not that the said James Bradley the Testator died possessed of or entitled unto a large
49
personal estate more than sufficient for payment of all his just Debts and which hath come to the hands of the said Confederates or some of them and your Orator chargeth that the said Testator died siezed of ^to him and his heirs or otherwise interested in a large real Estate and which hath decended upon the said James Bradley his son and heir at Law and that in case the personal Assetts of the said
50
Testator have been exhausted in payment of Debts of a superior Nature than that your Orator said Demands that your Orator ought to stand in the place of such Creditors and that your Orator ought to have a Satisfaction by reason of his said Demands out of the reall Estates of the said Testator All of which acting and doings of the said Confederators are contrary to right Equity
51
and Good Conscience and tend to the apparent Wrong and Injiury of your Orator In tender Consideration whereof and for as much as your Orator is remidiless in the premises at and by the Strict Rules of the Common Law and cannot otherwise obtain redress therein but by the Aid and Assistance of a Court of Equity whose matters of Fraud and Discovery and things of this
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Nature are properly Cognizable and Reliable To the End therefore that the said Confederates upon their respective Corporal Oaths full true direct and perfect Answer make to all and singular the premises and what they severally know believe or have heard therein as fully and particularly as if the same were here again repeated and interrogated and
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may severally answer and setforth whether the said James Bradley the Testator did not make and execute such or any other Indenture of Charterparty to the Effect aforesaid or to any other and what Effect and whether the said James Bradley did not before or at the Execution of the said Charterparty or at any other and what time know or agree and if he
54
not so declared that the said Ship or Vessell was first to sail to Lisbon before she proceeded on her said Voyage to Virginia to take on board the ^said one hundred and fifty Hogsheads of Tobacco on account of the said James Bradley the Testator and of the said Richard ### Griffin and James Bradley or either and which of them and whether the said
55
James Bradley the Testator as also they the said Richard ### Griffin and James Bradley were not acquainted during the Treaty for letting the said Ship to him that the same was actually loading with Corn or with any other or what Freight and was to deliver the same at Lisbon and whether it was not for the reason aforesaid or for any other and what reasons
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omitted to be mentioned in the said Charterparty and whether the said James Bradley the Testator and also they the said Richard ### Griffin and James Bradley the Son were not consenting thereto and whether the said James Bradley the Testator did put on board the said Ship or Vessell any person and whom by name as his Agent or Factor and
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whether he did not inform such person and before the said Ship or Vessell sailed that she was to go to Lisbon before She sailed for the said Island of Virginia or to that or the like Effect and whether the said Ship or Vessell did not on or about the eleventh Day of Aprill one thousand seven hundred and thirty three or about what other time proceed
58
on her Voyage to Lisbon and whether She did not arrive there at or about the time aforesaid or at about any ^other and what time and whether She did not deliver her Loading or freight of Corn there and whether She did not arrive in James River in Virginia and moored at the place aforesaid on or about the eighteenth day of August one thousand
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seven hundred and thirty three or at any other and what time and whether from that time or any other and what time your Orator was not ready or willing to take on board the said one hundred and fifty Hogsheads of Tobacco or as many more as the said Ship or Vessell could reasonably stow or carry and whether the said Ship or Vessell was
60
not of the burthen of Two hundred Tons or of how many at the Utmost and whether the said James Bradley the Testator his Factor or Agents or any and of which of them did during Sixty running days or at any ^other and what time after your Orators arrival in James River as aforesaid load or put on board the said Ship or Vessell one
61
hundred and fifty Hogsheads of Tobacco or any other and ^what Quantity and whether they or any and which of them had at or about that time or how long before provided and got ready one hundred and fifty Hogsheads of Tobacco wherewith to load or Freight the said Ship or Vessell and how it came to pass that the said one hundred and fifty
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Hogsheads of Tobacco were not put on board the said Ship or Vessell then lying at Virginia on Account of the said James Bradley the Testator and whether they don’t know believe or have heard that the reason why the ^said one hundred and fifty Hogsheads of Tobacco were not shipped on board the said Ship was that there then and for some time
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before was no ^more Tobacco there and how long at the Utmost as they severally know believe or have heard the said Ship or Vessell staid at Virginia before she proceeded from thence on her Voyage to London and at or about what time she arrived back in the said River of Thames and what loss or damage at the Utmost as they severally know
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believe or do compute your Orator sustained by * * reason that the said one hundred and fifty Hogsheads of Tobacco were not put on board the said Ship or Vessell at Virginia ^on account of the said James Bradley the Testator and by reason of the Demorage or Stay of the said Ship or Vessell at Virginia after the sixty running
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days after your Orators Arrival there and whether they are not the Surviving Partners of the said James Bradley and if not whether the said James Bradley the Testator did not make his last Will and Testament in Writing # # # # # # and appoint such Extors or any other and what Extors
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and whether the said Confederates Richard * * Griffin and James Bradley or either and which of them have proved the said Testators Will in any and what Ecclesiastical Court or have the Probate thereof in their or either and which of their Custody or power and whether the said James Bradley is not the heir at law of the said
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Testator or who also is and may ^either admit assets of the said Testator come to their hands in case they are not the surviving Partners of the said Testator or may setforth according to their best of their respective Knowledge Hearsay or belief all and singular the Goods Chattles Rights and Credditts whereof the said Testator was possessed
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interested in or entitluled to at the time of his Death together with the respective Kinds Quantities and the true and utmost Values thereof and may setforth all and every of the Goods Chattells Rights or Credits of the said Testator which have come to their or either and which of their hands or of any other person or persons for their or either
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and which of their Use or in Trust for them or either and which of them and how they have disposed thereof and whether the said Testator was at the time of his Death seized of or entitled unto and in what manner any and what reall Eastetes and where situate and may setforth all and every of them and the respective ^true and utmost Values
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thereof and whether the said Testator owed any and what Debts in specialities and to whom and what were really due and owing thereon respectively and whether any and what part of the personal Assets of the said Testator have been applied in payment thereof and that the said Richard # # # Griffin and James Bradley may account
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with your Orator for the real and personal Assets of the said Testator unless they admitt themselves to surviving partners of the said Testator and thereby liable to answer your Orators said Demands and that your Orator may be paid and satisfied by the said Richard * * * Griffin and James Bradley the son or out of the assetts of the said
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Testator the moneys due and owing to your Orator on account of the Freight of the said one hundred and fifty Hogsheads of Tobacco which the said James Bradley the Testator had agreed to put aboard the said Ship or Vessell at Virginia as aforesaid and for the Loss and Damage which your Orator sustained thereby and for the Demorage
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of the said Ship or Vessell at Virginia after the sixty running days from her arrival there and that your Orator may have such further and other Releif in the premises as to your Lordship shall seem meet and shall be agreeable to right Equity and good Consience May it please your Lordship to grant unto your Orator his Majesties
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most gracious Writt or Writts of Subpena to be directed to them the said Richard Griffin ^and James Bradley thereby commanding them at a certain day and under certain pain therein to be Limited personally to be and appear before your Lordship in this ^High Honourable Court then and there to answer all and singular the premises and further to stand to and
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abide such Order and Decree therein as to your Lordship shall seem meet and agreeable to the Rules of Equity and good Conscience
And your Orator shall ever prayer
77Harry
Fran: Capper
SACKETT v. GRIFFIN (1735)
ANSWER
Both Defts sworn the 23rd day
of May 1735 at the public office
before me S. Burroughs
Bridges by H.W.Esbaldeston 23 May
The Joint and severall Answer of Richard Griffin and James Bradley Defendants to the Bill of Complaint of John Sackett Complainant
1
These Defendants now and at all times hereafter saving and reserving to themselves all and all manner of Benefitt and Advantage of Exception to the manifold Errors Untruths Insufficiencys and Imperfections in the Complainants said Bill of Complaint
2
contained for Answer thereunto or unto so much and such part thereof as they these Defendants are advised is materiall and Effectuall for them these Defendants to make Answer unto they these Defendants each answering for himself and not the one for the other severally
3
answer and say they believe it may be true that the Complainant was Master of the Ship or Vessell called the Bedwell of such Burthen as in the Bill is mentioned and that James Bradley therein named having occasion to Import from Virginia in the West Indies
4
large Quantitys of tobacco into this Kingdom entered into such Charterparty of Affreightment with the Complainant and of such Date and to the same purport Tenor and Effect as in the Bill for that purpose is mentioned and set forth but for these Defendants greater certainty
5
^therein they^ crave leave to referr themselves thereto when the same shall be produced But these Defendants deny that during the Treaty between the Complainant and the said James Bradley touching the said Charterparty to the knowledge or belief of these Defendants or either of them it was
6
ever declared and agreed between them the said Complainant and the said James Bradley that the Ship or Vessell was to go first to Lisbon within the Kingdom of Portugal to deliver a loading of Corn there and from thence to sail to Virginia on her said Intended Voyage
7
nor did the said James Bradley (to the knowledge or belief of these Defendants or either of them) so much as know or was acquainted at any time during the said Treaty that the said Ship or Vessell was actually loading with Corn for London [sic] aforesaid But these Defendants
8
say that at the time when the said Charterparty of Affreightment was prepaired and ready to be Executed by the said Complainant and the said James Bradley and Just before the Execution thereof and not sooner or at any time to the knowledge of these
9
Defendants or either of them the Complainant took notice to the said James Bradley that the said Ship was then loading with Corn which was to be delivered at Lisbon Whereupon these Defendants say that the said James Bradley so farr from consenting thereto that as
10
these Defendants have been informed and believe that the said James Bradley Actually refused to Execute the said Charterparty and then declared he would have nothing to do with the said Ship or to that Effect Yet these Defendants admit that afterwards on the Complainant’s
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preposing to the said James Bradley that he would deliver and unload his said Ship at Lisbon aforesaid within Eight days from the time of her arrival there or in Default thereof that the said James Bradley should not be bound by or obliged to perform what he had
12
agreed by the same Charterparty the said James Bradley was upon such Assurances prevailed upon and induced to Execute the said Deed or Charterparty of Affreightment and upon no other Terms Conditions or Agreement whatsoever to the knowledge or belief of
13
these Defendants or either of them And these Defendants Admitt it may be true that the said Ship or Vessell on the said Eleventh day of April One Thousand Seven Hundred and thirty three fell down from London to Blackwell and from thence proceeded on her voyage
14
to Lisbon aforesaid but whether she arrived there at or about the time in the Bill mentioned or at any other or what time these Defendants or either of them know not nor can set forth But these Defendants insist and hope they shall be able to make appear that the said Complainant with
15
his said Ship continued at Lisbon for the space of one month contrary to his said Agreement with the said James Bradley whereby the said Charterparty became void with respect to the said James Bradley by force and virtue of the said Agreement so made and entered into by the said
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Complainant with the said James Bradley at the time of or Just before the Execution of the said Charterparty And these Defendants also Admitt that the said Ship sailed from Lisbon for James River in Virginia aforesaid where she arrived on the Eighteenth day of August then next
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following and moored at the place in the Bill mentioned But these Defendants say that from that time they do not know the Complainant was ready to take on Board the said Ship such Quantities of Tobacco as in the Bill for that purpose is mentioned And Admitt that the said James
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Bradley his factor or Agent or any of them did not within the time mentioned in the said Bill and Charterparty of Affreightment put on Board the said Ship or Vessell the said One Hundred and fifty Hogsheads of Tobacco but whether thereupon or otherwise the said Complainant
19
made such or any protest as in the Bill for that purpose so mentioned these Defendants nor either of them know of nor can setforth But these Defendants ^say^ that the Complainants long stay at Lisbon aforesaid was the only reason as these Defendants verily believe and Doubt not ^but^ to prove
20
that the said one hundred and fifty Hogsheads of Tobacco were not shipped on board the said Ship as in and by the said Charterparty Covenant and agreed by the said James Bradley the said Ship should be freighted with by reason that all or the greatest part of the Tobacco
21
in that part of Virginia where the said Ship was moored near to which the said James Bradleys Correspondent and Factors lived and resided and who were by the said James Bradleys directions to have procured the same were all shipped and sent away before the Complainant
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arrived there which was a considerable Loss and Damage as well as a great disappointment to the same James Bradley as also to these Defendants who were then and had for some time before and to the time of the death of the said James Bradley been Copartners with him in the
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way of Trade and Merchandise and were or should have been interested and concerned as such in the said intended Cargo And these Defendants say that some time in the month of November one Thousand seven Hundred and Thirty Three there were by the procurement of the said
24
James Bradleys friends and Corespondents as these Defendants believe and Doubt not but to prove shipped on Board the said Ship or Vessell lying at Virginia aforesaid fifty Eight Hogsheads of Tobacco being all as these Defendants have been informed and believed that could at that
25
time be procured and one Thousand one Hundred and Twenty Eight Barrells of Tarr Two casks of Skins and two casks of Snakeroot and Deny that to the knowledge or belief of these Defendants the said Complainant was at any Extraordinary Expenses or put to any Difficulties in procuring
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such Cargo as in the Bill untruly suggested unless the same proceeding from the length of time the Complainant stayed there which was as these Defendants have been informed verily believe and hope to make Sufficiently appear entirely owing to a refusal of the Complainant for
27
some time to ship such Cargo as above mentioned as appears by a Letter from Mr John Allen of James River in Virginia aforesaid a Correspondent of these Defendants and directed to them bearing date the Twenty ninth day of July Past wherein he acquaints these Defendants amongst
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other Things that there was not at the time the Complainant arrived there a Hogshead of Tobacco as he knew of in all James River and he very much Questioned whether there was One hundred hogsheads then left in all Virginia whereupon one William Clack the Mate of the said Ship was
29
advised immediately only to secure as much Pitch and Tarr as would comply with the said James Bradleys Engagements which he know the said Clack within a few days after he came in but the Complainant had no Inclination at first to load with Pitch and Tarr but had much rather have stayed
30
for the next crop of Tobacco provided he could have been sure of a loading which he was in hope of and which the said Mr Allen in his said letter says was the only reason the Complainant stayed there so long whereas had he resolved at first to have loaded with Pitch and Tarr he might
31
have sailed from there long before the time Expired meaning as these Defendants verily believe the time limitted in the said Charterparty for the said Ship to stay at Virginia aforsaid for her said intended Freight as in and by the said letter now in these Defendants Custody whereto
32
these Defendants crave leave to refer (amongst other things therein contained) will appear And these Defendants further say they know not nor have heard exactly how long the said Ship or Vessell stayed at Virginia aforesaid before she proceeded from thence on her voyage to London but say
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she set sail from Virginia with the aforesaid Cargo for London where she arrived safe on or about the Twenty fith day January One Thousand Seven Hundred and Thirty three and not the Nineth day of December One Thousand Seven Hundred and Thirty three as in the Bill is mentioned
34
but whether Considerable or what Loss and Expense for the wages and maintenance of the Sailors on board the said Ship or Vessell or upon any other account happened to the Complainant upon account of the Demorage of the said Ship as in the Bill is alledged these Defendants nor either of them
35
know now nor never heard nor can setforth tho’ these Defendants say that if the said Complainant was at any Extraordinary Expense which these Defendants know not of or if he sustained Loss by reason of his not getting the said Ship or Vessell freighted within the time limitted in the
36
Charterparty the same were (as these Defendants have great reason to believe) entirely occassioned ^and proceeded^ from the Complainants long stay at Lisbon aforesaid whereby these Defendants as well as the said James Bradley were considerable Sufferers and very much disappointed thereby And these
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Defendants admitt that at the time of the said James Bradleys entering into the said Charterparty as foresaid he was Partner in Trade with these Defendants and though their names were not made use of the said Charterparty yet that the same was made on the Partnership Account
38
And these Defendants were interested and concerned as partners therein And these Defendants also admitt that the said James Bradley on or about the eleventh day of September in the Year of our Lord One Thousand Seven Hundred and Thirty Three dyed having first duly made
39
and published his last will ^and testament^ in writing and thereof Constituted and appointed these Defendants (who are the Surviving Partners) his Executors which said last Will and Testament of the said James Bradley hath since his death been proved in one form of Law in the Prerogative Court
40
of the Arch Bishop of Canterbury who have taken upon themselves the Burthen of the Execution and have acted in the Administration thereof and thereby have received Sufficient Assets of the said James Bradley to answer any demands of the Complainant upon the said
41
Testators Estate and these Defendants also admitt that the Complainant hath applied to them to make him a Satisfaction for the reasons in the Bill and to be paid the freight of One Hundred and fifty Hogsheads of Tobacco and also to account with him for the Demorage of his said Ship or
42
Vessell and his Costs and Expenses relating thereto on his waiving the penalty of the said Charterparty But these Defendants Humbly insist and are advised that they ought not neither are they lyable to make the Complainant any Satisfaction in the premises for the reasons aforesaid and
43
therefore these Defendants Admitt they have refused to Comply with the Complainants said Request save and except as hereinafter is mentioned And these Defendants deny that they know or believe that the said James Bradley put any Agent on board the said Ship or Vessell
44
as in the Bill is Suggested but these Defendants say that the said William Clack a person that has been pretty much Conversant in the Tobacco Trade applying to the said James Bradley and Importing him to Charter One Hundred and Fifty Hogsheads of Tobacco and acquainting
45
him that he was to go Mate of the said Ship and as such and not as Agent or Supercargo for the said James Bradley these Defendants Admitt that the said Clack went on board the said [sic] and performed the said Voyage and might probably be acquainted by the said James Bradley
46
with the whole Agreement with the Complainant as is herein before mentioned and these Defendants deny that they or either of them to the knowledge of each other have given out or pretends that if the Complainant shall commence any Suit or Action at Law against them on this
47
said Charterparty or otherwise that they will plead a Deviation in the said Ship or that the Complainant did not sail directly to Virginia and thereby will not suit the Complainant in any such Action at Law by reason that the Complainant first sailed to Lisbon as aforesaid
48
before he proceeded on his said Voyage to Virginia Contrary to the Form of the said Charterparty and these Defendants also Deny that they know believe or have been informed save by the Complainants Bill that the said James Bradley agreed with the Complainant and was
49
willing during the Treaty for freighting the Ship or Vessell aforesaid that the Complainant should first proceed and go to Lisbon before she should go to Virginia as aforesaid and that he intended and agreed to Freight the said Ship at Virginia in many or and at the price
50
aforesaid notwithstanding the Complainants departure to Lisbon otherwise than herein before mentioned but these Defendants say that shortly after the Execution of the said Charterparty by the Complainant and the said James Bradley as aforesaid and not before they these Defendants
51
were informed by the said Clack which they verily believe to be true that the said Ship was to touch at Lisbon and there to deliver and unlade within the time hereinbefore mentioned and from thence imediatly to proceed to Virginia aforesaid or in default thereof that the said James
52
Bradley the Testator was not to be bound to perform what he has agreed by the said Charterparty on his part and these Defendants say they verily believe that the reason why such intended voyage to Lisbon was not so mentioned in the said Charterparty is because the same was never
53
mentioned or taken Notice of during the Treaty or agreement Otherwise than as aforesaid and these Defendants admitt that for the mutual performance of such agreement so made between the Complainant and the said Testator aforesaid they relied and trusted to the honour
54
and Integrity of each other And these Defendants say they know not neither have they been informed whether the Complainant made any longer stay at Lisbon aforesaid than was necessary for clearing out his said Loading but these Defendants insist and Doubt not but to make it
55
appear that the said Complainant stayed there for the space of one month or upwards which was a considerable time longer than the agreement with the said Testator and by the means thereof these Defendants verily believe the said Testators Agent Correspondent or factors at Virginia
56
aforesaid were totally prevented from freighting the said Ship or Vessell with the said One hundred and fifty hogsheads of Tobacco or any greater Quantity and that if the Complainant had not stayed so long at Lisbon as aforesaid the Testators Correspondents at Virginia as these
57
Defendants have been informed and verily believe would have freighted the said Ship or Vessell with One Hundred and fifty Hohsheads or other Sufficient Quantity of Tobacco but instead of so doing they were by such delay of the said Complainant obliged to Ship the greatest part
58
of their Tobacco on board other Ships or the same had otherwise been disposed of before the Complainants Arrival there and these Defendants say that it was not owing to any willfull default or accident of the said James Bradley or of his Factors or Correspondents to the knowledge
59
and belief of these Defendants that the said Ship was not Freighted with Tobaccos according to the said Charterparty but entirely (as these Defendants believe and are well satisfied) to the Complainants long stay at Lisbon aforesaid And these Defendants deny they ever acknowledged
60
that the Complainant ought to have and receive a Suitable recompence and satisfaction touching the aforesaid matters or that they ever pretended they were not partners with the said James Bradley the Testator at the time of his entering into the said Charterparty or were
61
no ways interested or concerned therein or that the same was not on the partnership Account but on the Testators account only or that he dyed insolvent or that they had not received assets of their said Testator Sufficient to satisfy the Complainants demands that
62
what Assets have been received by them or either of them hath been duly Administred and applyed towards payments of Debts of a Superior Nature to the Complainants demands as in the said Complainants Bill of Complaint is untruely and unjustly insinuated and
63
alledged and this Defendant James Bradley Saith that he is the oldest Son and Heir at Law of the said James Bradley deceased and as such believes he may be entituled to what Real Estate the Testator was seized of Interested in or entituled unto at the time of his
64
Death but as this Defendant and the said other Defendant Richard Griffin one of the Surviving partners of the said Testator and as such Chargeable and Answerable to the Complainant for such Demands that he either hath or can make out by virtue of the premises
65
this Defendant therefore apprehends he is not obliged to discover what real Estate the said Testator dyed seized of And these Defendants say they cannot apprehend that the Complainant hath Sustained any Loss or Damage whatever in the premises for that the said Complainant
66
had and received a full loading as above mentioned which was an Equivalent to the said One Hundred ^and fifty Hogsheads of Tobacco so intended and agreed that the said Ship should be freighted with as aforesaid and whether such Loading was as profitable to the said
67
Complainant as One hundred and fifty Hogsheads of Tobacco would have been or whether it took up much more room in Stowage than the like Burthen of Tons of Tobacco these Defendants know not nor can set forth neither do they (for the reasons hereinbefore set forth) apprehend themselves
68
or the Estate of the said Testator in any respect lyable for any damage which the Complainant in his said Bill pretends to have sustained thereby And these Defendants also say that the Complainant hath since the arrival of the said Ship or Vessell at the port of London as aforesaid taken
69
upon himself to dispose of the Freight of the said Cargo of Tarr notwithstanding the same was procured to be Shipt by the said Testators Friends or Correspondents without rendering or give^ing any account thereof or Consulting these Defendants or either of them which as these Defendants humbly
70
apprehend and are advised shows that the Complainant did not look upon or regard the said Testator or these Defendants who are Surviving Partners as bound by the said Indenture of the Charterparty whereof are these Defendants humbly insist that they ought not to be accountable or answerable
71
to the Complainants demands in the Bill save and except that these Defendants Admitt that they are indebted to the Complainant in the Sume of Seventeen pounds thirteen shillings and Sixpence for the freight of the said ^nine Hogsheads of Tobacco parcell of the said Cargo or Loading Shipt
72
on Board the said Ship or Vessell at Virginia aforesaid which said Sum these Defendants have always been ready and willing to pay to the Complainant had he thought fit to have accepted the same and have often times offered to pay the same to him who always refused
73
to accept thereof And these Defendants are now ready and willing to pay the same to the Complainant ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
74
and humbly Submitt to the Judgement of this Honorable Court if these Defendants ought to be Answerable or Accountable to the Complainant for any other or greater Sum in respect to the severall matters and things charged in and by the said Bill of Complaint
75
and these Defendants Deny all and all manner of Confederation in the Complainants Bill charged against them these Defendants without that that any other matter or thing whatsoever in the Complainants said Bill of Complaint contained
76
material and Effectuall for these Defendants to make Answer unto and not herein and hereby well and sufficiently Answered unto ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ confessed or avoided traversed or denyed is true all which these Defendants
77
are ready to avow maintain and prove as this Honourable Court shall direct and humbly pray to be dismissed with their reasonable Costs and Charges in this behalf most wrongfully sustained
78
Brackley
W. Moreton
Chancery Record C33/368 fo. 49v
DECREES & ORDERS
SACKETT v. GRIFFIN
16 Decr [1736]
Jno Sacket Plt Richd Griffin & James Bradley Deft
Upon ye Plts hble Petn this day p’sen’d unto ye Rt hol ye Master
for xc It is ordered yt a Spna to rejoin ret? inn be awarded agt ye Defts
& yt service thereof on ye Defts pp in Court be deem’d good service of ye sd
Defts
RR
Source:
Sackett v. Griffin (1735), proceedings in the Chancery Court, London (National Archives, researched by Marion Sackett).