Page:The English Reports v1 1900.pdf/276

Note. Prec. Ch. 230. It appears that a ne exeat Regno had been awarded against defendant, to which he had given bail; and that on the hearing of the cause, 19,000l. had been decreed against him; and that he was committed for non-payment.

The appellants stated, that William Tasker, and Jonah Lewis, deceased, were possessed by virtue of several leases of two several messuages on Tower-hill, and that in 1688, Tasker mortgaged his lease and house to appellant for 550l. and Lewis mortgaged his lease and house to appellant for 100l. by distinct deeds; and that appellant afterwards, in September, 1683, borrowed 200l. from Elizabeth Thomas, and assigned over these mortgages as security, and gave bond 400l. penalty for performance of covenants; and that this 200l. was lent by the brokerage of respondent White, whom Mrs. Thomas employed to receive and put out money for her; and that White had called upon Tasker and Lewis for the principal money and interest, and from time to time received several sums from them; and that appellant never was called upon either for principal or interest for fourteen years together; and that after Mrs. Thomas's death, in 1697, respondent Daniel Thomas, her executor, brought an action against appellant on the bond to perform covenants; and appellant believing the whole money paid to Mrs. Thomas by Tasker and Lewis, exhibited his bill in Chancery, to discover their payments to her or White: And that respondents bad put in several answers, and respondent Thomas annexed an account to his answer, of what be computed to be due for principal and interest; and stated that respondent White had received 37l. in full of all interest, for the 200l. borrowed by appellant to 6th October, 1686; and that White had further received from Tasker 50l. and from Lewis 35l. in part of appellant's mortgage; and that respondent White had by his answer confessed, he received from Tasker and Lewis, towards satisfaction of appellant's mortgage, about 140l. viz. about 50l. from Tasker, and about 90l. from Lewis; but said he had paid Mrs. Thomas only 122l. of that money, and had retained the rest towards satisfaction of other monies due to him from appellant, upon a bond of 200l. taken in the name of one John Ingle, in trust for respondent White: And that the cause came to be heard before [225] Lord Chancellor Somers, 31st October, 1698, who decreed, that respondents should account with appellant before Master Keck, for what they had received from Tasker and Lewis, on account of appellant's mortgage; and that the payments to White should be a good payment to Thomas; and both of them to be examined upon interrogatories in aid of the account, and to produce their books before the Master, who was to report specially any difficulty in taking the account; and reserved costs till the report returned: And appellant stated, that White had been served with many summonses and orders before he would produce his books; and that two orders were made for his commitment, unless he were examined by a limited time; and upon his examination before the Master, in April, 1699, he disclosed that he had received of Tasker 70l. besides the 50l. mentioned in his answer, but pretended that he had lent Tasker 200l. more of his uncle John White's money, and that he had paid Mrs. Thomas 37l. for interest money, before he had received any from Tasker or Lewis; and that he would apply 37l. of the 90l. received of Lewis, to reimburse himself that 37l. and that he intended to apply the 70l. received from Tasker, some part towards the discharge of his own debt in Ingle's name, and the rest towards the discharge of John White's debt; and that White did not pretend by his examination that he had applied the 70l. nor even discover that he had received it till this examination, though he had received it thirteen years before; nor did he take the least notice of any debt at all due to John White in his answer to the bill; neither was there any proof of any such debt in the cause; nor did White by his answer insist to retain more than 18l. of the money in his hands, towards satisfaction of the debt pretended to be due to