HF41/9/1/2

Copy of an Agreement for Compromise and Settlement in the Action Gill V Powers

2 Jan 1880

From: 1878 To: 1880

1) William Henry Gill of Wakefield, Yorkshire, Gent (Plaintiff) 2) George Powers of 50 Mark Lane, City of London, Merchant (Defendant) recites that before June 1878 Edward George Tattershall & 1) above were partners as Brickmakers at Ham Farm Brickfield at Faversham in Kent under the title of Tattershall & Gill recites that Gill brought in £4,000 as Capital but received no profits recites that in June 1878 Gill agreed to sell his share to Tattershall for £6,000 [£4,000 to be paid on 1 January 1879 and the rest on 1 June 1879] Partnership was not dissolved but the money was obtained by the deposit of the deeds. recites that 2) entered into partnership with E.G.Tattershall to erect buildings in Westminster and had been supplied with bricks from Faversham accepted Bill of Exchange for £1,800; it was retired; another Bill of £4,000 accepted by 2); held by Hilton Rigden of Faversham, since discharged. recites that in December 1878 E.G.Tattershall was unable to pay the Rent & Royalties on Ham Brickfield in addition to the Trade Debt of Tattershall & Gill He came to an Arrangement with 1) & 2) above, signed 11 December 1878 Tattershall owes £600 current debts AND £1022 Rents & Royalties He owes 1) £6,000, secured by Mortgage on the Lease of the Brickfield owes 2) two sums of £3,350 AND £5,000 recites dispute between 1) & 2) as to who is the principal & who is Security to the Bill held by Hilton, Rigden & Co Agreement that Tattershall and 1), if necessary, demise Brickfields to George Powers at a nominal rent for the term of the original Lease Plant, Stock etc to be delivered to 2) and Book Debts (EXCEPT Midland Land Corporation of c. £3,000) 1) & 2) will pay Current Debts of £600 & to pay £500 to reduce indebtedness in Bill of Hilton & Co AND will also pay £1020 Rent and Royalties Powers to carry on business ON TRUST to carry on Ham Farm Brick Company to pay first working expenses , then rent and royalties including Arrears of £1200,then debt of £600, then balance of bill held by Hilton & Co, then Powers to be paid £200 as Manager & £1,10s for expenses,ANY SURPLUS to pay Gill £4,000 & Powers £3,000 THEN to pay £2,000 to Gill & £5,000 to Powers + 5% Interest on the above sums. THEN surplus to revert to Tattershall. No pledging of the Credit of Ham Farm Brick Company beyond £100 without the permission of 1) & 2) 2) entered into possession 11 December 1878 He realised a considerable part of the assets and sold a considerable amount of bricks in 1879. 1) put over £1,000 into the business and paid money to the Creditors of the late firm recites Chancery Action started by 1) v 2) 11 December 1879 for Accounts of all monies prior to the winding up of the business recites agreement reached to discontinue the said Action agreed a) that 2) shall pay 1) £1,750 in three instalments (secured by Bills of Exchange) proportions of the debts of late firm of Tattershall & Gill mentioned 2) to pay 1) £64,15s,6d amount due on the dishonoured Bill, dated 19 December 1878 Witness to Gill : Harry Plews of Wakefield, Solicitor

item

Hooper & Fletcher,
Gill, William Henry,
Powers, George,
Tattershall, Edward George,
Tattershall & Gill,
Hilton, Rigden & Company,
Midland Land Corporation

Hooper & Fletcher, general legal process, legal papers, businesses, companies, lawsuits, court, settlements, Wakefield, City of London Mark Lane, brickmaker, Faversham, Ham Farm Brickfield, PRIVATE FINANCE, building work, Westminster, debt, Ham Farm Brick Company, brick company manager, Chancery