Court proceedings: Gomeldon v. Ryder, Marsham and Fardinando: Middlesex


Abstract and transcript taken from Marinelives.org website.

Abstract

William Gomeldon complains to the Court of Chancery that he is being falsely pursued by the executors of Thomas Marsham. The executors were pursuing him for his alleged failure to satisfy three bills of exchange resulting from a letter of credit sent at William's request and on his behalf by the deceased Thomas Marsham to Jonas Abeeles (als. Abeell), Thomas Marsham's correspondent in Amsterdam. This letter of credit was intended to provide Richard Gomeldon, brother of William Gomeldon, with £300 in Amsterdam, where Richard had been sent in 1649 to remain as his brother's factor. The letter of credit was sent either by Thomas Marsham, or Captain William Ryder, whose name Marsham used "in these troublesome times", Marsham having "himselfe bin in the quarters of the late King," and three bills of exchange were charged on William Gomeldon. The bills of exchange came to the hands of William Ryder, who passed them on to Thomas Marsham, who presented the bills to William Gomeldon. William Gomeldon alleges that Thomas Marsham was indebted to him for £400 at that time, and that with Thomas Marsham's agreement the bills were discharged with credit being given by William Gomeldon against that debt in his accounts. However, allegedly Thomas Marsham failed to deliver up the bills of exchange to William Gomeldon for cancellation. Nevertheless, Thomas Marsham made no further claim on the said bills of exchange during his lifetime. Following Thomas Marsham's death his executors, Thomas and ffardinando Marsham, have found the bills amongst the deceased's papers and have claimed that they had not been satisfied, despite William Ryder allegedly accepting they had been satisfied. William Gomeldon alleges that the executors are pursuing this claim as a result of the "causeless displeasure" of the executors for William Gomeldon and his wife having recently exhibited a bill in Chancery to require the executors to pay them a legacy of £200 which Thomas Marsham left them in his will. The plaintiff asks that William Ryder and the two executors be required to appear in the Court of Chancery to make full disclosure of the facts under oath.

Transcription

Transcription near completed; check original for missing words at margin
//?X May 1659//

//To the right hon:ble Lorde Keeper of the Great Seale of England//

//Complaining sheweth unto yo:r Lo:pps W:m ?Gomeldon Citizen and Skinner of London That Richard Gomedon your Orator brother being in or about the yeare one thousand six Hundred fforty and nyne to goe//

//into Holland to remaine as a ffactor for yo:r Orato:r att Amsterdam and Thomas Marsham Esq:r since dec:d then and long before and after residing with his family and sojourning and dyeting w.th yo: Orator//

//who had married his Neise and so continuing till the tyme of his death which happened in or about the moneth of December the yeare One Thousand Six Hundred ffowerty and nine and the said Thomas Marsham being att the tyme//

//aforesaid indebted unto yo:r Orato:r for lodging and dyet for himselfe his freinds and family and otherwise upon accompt to the value of about ffoure Hundred pounds, yo:r Orato:r did desire the said Thomas//

//Marsham to send with yo:r Orato:rs said brother a letter of Creditt to Jonas Abeeles who was the said Thomas Marshams correspondent in Amsterdam to furnish yo:r Orato:rs said brother with the summe//

//of Three Hundred pounds whereupon the said Thomas Marsham or Cap:t W:m Ryder by his Order (of whose name in these troublesome tymes the said Thomas Marsham did make use of in regard hee the said Thomas//

//Marsham had himselfe bin in the quarters of the late King) did send a lre of creditt to the XXXX said Jonas Abeell to the effect aforesaid Upon which lre your Orato:rs sayd brother did receive of the said Jonas//

//Abeell the said Three Hundred pounds and charged upon your Orato:r ?X in respect thereof Three bills of Exchange of the value of one Hundred pounds a piece payable to the said Thomas Marsham and W:m Ryder, or to//

//the said W:m Ryder alone Which said bills coming to the hands of the said W:m Ryder, Hee desired to know of the said Thomas Marsham what hee should doe therewith who directed him to deliver//

//the same to him the said Thomas Marsham and to place them in his accompt, for that hee had accompt with yo:r Orato:r, And the said bills being shewed to your Orato:r your Orator did (as is alleged) accept thereof//

//And there being att that tyme and before the last of the said bills became payable above ffowre Hundred pounds from the said Thomas Marsham to yo:r Orato:r upon accompt for lodging and dyet and otherwise, yo:r//

//Orato:r did accept of the said Three Hundred pounds so charged upon him by the said bills in part of satisfaccon thereof, and gave credit to the said Thomas Marsham for the same//

//and did discharge himof so much upon accompt And the said Thomas Marsham allowing thereof did not protest the said bills, but rested satisfied with the creditt and allowance yo:r Orato:r//

//gave him upon the account aforesaid and paid severall other summes of money which afterwards became due to yo:r Orator XXre the the said bills came//

//?unto, to the value of One Hundred pounds and upwards for the lodging and dyet of himselfe and his family and otherwise upon accompt and the said Thomas Marsham did acknowledge//

//both to the said W:m Ryder and also to John Marsham and fferdinando Marsham Esq:r brother of the said Thomas Marsham and whome hee the said Thomas Marsham made his XXXX//

//and to divers others that yo:r Orato:r was not in his debt and that the said bills were satisfied and promised to deliver up the same and ?dysXched his then servant Richard Lake to deliver up//

//the same unto yo:r Orato:r and was angry with him that hee had not so done And your Orato:r relying much upon the said acknowledgm:t promise and direccons of the said Thomas Marsham//

//was not so earnest as otherwise hee would have bin to press the delivery up of the said bill But the said Thomas Marsham did never in his life tyme make any further demand of the moneys//

//charged upon yo:r Orato:r thereby Nor did the said W:m Ryder or John Marsham of fferdinando Marsham since his death put the said bills in suite ag:t yo:r Orato:rs nor have not as yet made any//

//demand of the moneys payable thereby They all well knowing the p:rmisses to bee true and having often heard the said Thomas Marsham acknowlege that the same were satisfied//

//and that yo:r Orato:r was not att all indebted to the said Thomas Marsham But was so it is may it please yo:r Lo:rpps that yo:r Orato:r and Elizabeth his wife having lately//

//exhibited their bill into this hon:ble Court ag:t the said John Marsham and ffardinando Marsham as ex:rs to the said Thomas Marsham for a legacy of Two Hundred pounds//

//given by the will of the said Thomas Marsham to yo:r Orato:r wife and One Hundred pounds given by him the said therein as a legacy to yo:r Orato:r They the said John Marsham and//

//ffardinando Marsham having found the said bills amongst loose papers of the said Thomas Marsham and taking ??causeles displeasure ag:t yo:r Orato:r for his looking//

//to recover the said legacies and endeavouring injustly to charge yo:r Orators with the said three Hundred pounds so satisfied as aforesaid have bin very XXXout with the

//said W:m Ryder as yo:r Orato:rs informed to assigne the said bills to them or one of them and to make XXXX him a XXXXXXXXXa letter of Atturney to put the same in sute ag:t yo:r Orato:r and as yo:r Orato:r feares have//

//or will prevaile with him so to doo and thereupon put the said bills in suite ag:t yo:r Orato:rs endeavour wrongfully to recover from yo:r Orato:rs the moneys therby charged upon//

//him Whereas the said W:m Ryder doth verily beleive and is persuaded in his conscience that the said bills were satisfied and that the said Thomas Marsham did not expect any further//

//satsfaccon for the same And the said W:m Ryder hath acknowledged by the said John Marsham and fferdinado Marsham or one of them both before at and after the said assignment made that hee did beleive and was persuaded in his ?conscience that  ?he said Bills were ?satisfied XXXX amount as aforesaid And they all well know that your Orato:r was not att all indebted unto the said W:m Ryder And y:t the said Thomas Marsham after Credit to him given for//

//the said bills did remaine debtor to yo:r Orato:r and it is altogether improbable that the said Thomas Marsham would have given three Hundred pounds to yo:r Orator and his wife if yo:r//

//Orato:r had beene soe much indebted to him And although yo:r Orato:r hath often in a frendly manner requested them the said W:m Rider (sic) John Marsham and ffardinando Marsham to deliver up the//

//said bills of Exchange to yo:r Orato:r and that they would give unto yo:r Orato:r a discharge for the moneyes payable thereby and and not to take any advantage thereof yett they utterly refuse so to doe//

//contrary to equity and good conscience and to yo:r Orato:rs greate wrong and preiudice In tender consideracon whereof and forasmuch as yo:r Orato:rs witnesses that should proXXXX the//

//truth of the p:rmisses are in places remote or beyond the Seas But your Orato:r hopeth that the said W:m Ryder John Marsham and ffardinando Marsham well knowing the truth//

//of the premisses will confess the same upon their oathes to the end therefore that they may severally true answere make to all and singular the premisses and your Orato:r have such releife herein//

//as is agreeable to equity and good conscience May it please your Lo:rpps to grant unto your Lo:rpps to grant unto your Orato:r the ?proces of this hon:ble Court to bee directed to the said W:m Ryder//

//John Marsham and ffardinando Marsham thereby comanding them XXd every of them att a certaine day and under a certaine paine therein to bee lymited psonally//

//to bee and appeare before your Lopps in this hon:ble Court then and there to answere the preemisses And to stand to and abide such further order and decrees herein//

//as to you Lopps shall seeme agreeable to equity and good conscience And yo:r Orato:rs shall pray xr.

//?Velson [Bottom LH]//

//Jo. Maynard [Bottom RH]// 

TNA ref: C 10/58/29
1659

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