• Reference
    Z1118/1/25/1
  • Title
    Deed of Dissolution of Partnership Parties: (i) Thomas Landells Locke of Hollylee, Sutton [Surrey], esquire; (ii) Edward Howard Markes Smith of Great Berkhamstead [Hertfordshire] and 160 Camden Street, Camden Town [Middlesex], brewer, maltster and wine and spirit merchant Reciting: - indenture of 11 Oct 1868 between (i) and (ii) in which they became partners in firm of brewers, maltsters and wine and spirit merchants called Locke & Smith for 21 years from 3 Mar 1868; - memorandum of agreement of 24 Feb 1881 between (i) and (ii) reciting that since 3 Mar 1868 they had carried on business of Locke & Smith at Great Berkhamstead and elsewhere and then forming fresh partnership from 1 Mar 1881 for 21 years determinable by notice at end of first 7 or 14 years; - agreement of 23 Aug 1883 between (i) and (ii) agreeing: (1) dissolution of partnership from 13 Aug 1883 and proper deed of dissolution to be executed; (2) amount of capital of (i) was agreed at 10,800 of which he would lend (ii) up to 10,000 of his 10,800; (3) (ii) to give bond to (i) to secure repayment of loan, half to be repaid after ten years; (4) if (ii) took a partner they would be bound with repayment also; (5) (i) would not call in money except as stipulated above so long as all interest was paid unless (ii) was permanently incapacitated; (6) (ii) to be able to carry on business as Locke & Smith; (7) expenses of agreement and dissolution to be paid equally; - all stock in trade and effects of late partnership had been delivered by (i) to (ii); - bulk of book debts owing to late partnership had been received by (ii), remainder having been carried to account of (ii) in Partnership Books with consent of (i); - (ii) had paid 2,800 of 10,800 of (i)'s share of business and (i) had agreed to lend remaining 8,000 to (ii), all interest having been paid thereon to date; - premises in first, second and third schedules were part of partnership assets and premises in first schedule were subject to mortgage to Thomas Clutterbuck for sums amounting to 12,838 with interest at 5%; premises in second schedule were subject to mortgage to John Sedgwick for 350 and interest; premises in third schedule were leaseholds forming part of assets of Locke & Smith; - premises were valued in books of partnership at 20,121 without taking into account the mortgages and one equal moiety of the sum was 10,060/10/-; - for Stamp Duty purposes all consideration charged on half of the freehold and leasehold premises conveyed, copyhold premises value being considered as nominal; - since 23 Aug 1883 premises in fourth schedule had been either leased in names of (i) and (ii) or mortgaged to (i) and (ii) notwithstanding that monies belonged to (ii) alone Operative Part: - (i) and (ii) declared their partnership dissolved as from 30 Aug 1883; - (i) conveyed half share of freehold lands in schedules subject to mortgages; - (i) covenanted to surrender his half of copyhold premises in schedules to use of (ii); - (i) assigned his half of interest in leasehold premises in schedules to (ii); - (i) and (ii) released one another from articles of partnership; - (ii) free to carry on business as Locke & Smith Witness: - Charles Smith of London, solicitor First Schedule [C = copyhold; F = freehold; L = leasehold] - Bell, Berkhamstead (C); - Porto Bello, Charteridge, Chesham Keyham [Buckinghamshire] (C); - Rose & Crown, Harridge [Buckinghamshire] (F); - cottage, farmyard etc. and premise adjoining Rose & Crown, Harridge (C); - brewhouse, brewery and residence, High Street, Berkhamstead (F); - malting and yard, Water Lane, Great Berkhamstead (F); - Goat and part of garden, Berkhamstead (F); - George, ocrhards etc., Northchurch [Hertfordshire] (F); - Crooked Billett, Gasham End, Berkhamstead (F); - Painters' Arms, St.Albans [Hertfordshire] (F); - Sun Inn, Hemel Hempstead [Hertfordshire] (F); - Swan, Baroncroft, Northchurch (F); - Horse & Jockey and cottage, Walton, Aylesbury [Buckinghamshire] (F); - Bricklayers' Arms, Boxmoor, Hemel Hempstead (F); - Lamb, Berkhamstead (F); - Saracen's Head, High Street Green, Hemel Hempstead (C); - Three Horseshoes, Pudds Cross, Bovingdon [Hertfordshire] (C); - Plough, Gaddesden Row [Hertfordshire] (C); - Boat by the Canal, Northchurch, Great Berkhamstead (F); - Red Lion and ten cottages, Frogmore End, Tring [Buckinghamshire] (F); - beerhouse in Tring (F); - Greyhound, Aylesbury (F); - Plough & Harrows, Aylesbury (F); - Hop Garland, Hemel Hempstead (F); - Bricklayers' Arms and 4 cottages, Two Waters, Hemel Hempstead (F); - Boot, Castle Street, Berkhamstead (C); - Buckinghamshire Arms, Wilstone, Tring (F); - beerhouse at Aston Clinton [Buckinghamshire] (F); - Green Man, Aston Clinton (F); - Goat and 2 cottages, Linslade [Buckinghamshire] (F); - Jolly Butchers, Chesham (C); - Jolly Butchers, cottage and garden, Chesham (enfranchised C); - 3 cottages and yard, Aldbury [Hertfordshire] (F); - Beehive, Redbourn Road, Hemel Hempstead (C); - Horse & Jockey, Gaddesden Row (C); - Woods' Beer House, Boxmoor (F) Second Schedule - Plough, Potters End (on mortgage to John Sedgwick for 350) Third Schedule - White Hart, Berkhamstead (L); - Royal Oak, Berkhamstead (L); - Valiant Trooper, Aldbury (L); - Pheasant and 4 cottages, Wigginton [Buckinghamshire] (L); - Acorn, Bovington (L); - Bricklayers' Arms, Bury Mill End (L); - Star, Boxsome [Buckinghamshire] (L); - Grapes, Greenend [Buckinghamshire] (L); - Cock & Bottle, Great Gaddesden (L); - Vine, St.Albans (L); - Ship, Marsworth [Buckinghamshire] (L); - London & North Western Railway Arch, Berkhamstead (L); - London Stores and Offices (L); - 6 arches and 4 pieces of land, Railway Viaduct at St.Pancras [Middlesex] (L) Fourth Schedule - Lamb, Wigginton; - Two Brewers, Chipperfield [Buckinghamshire]; - Stag, Berkhamstead; - Tyneham Arms, Lavendon Hill, Wandsworth [Surrey]; - malting new mill, Tring; - land at Northchurch; - Luton Stores Office; - beerhouse at Marsworth
  • Date free text
    13 Nov 1890
  • Production date
    From: 1868 To: 1890
  • Level of description
    item