Plaintiff's Bill, 19 August 1797
A plaintiff's bill in the suit of Warner Washington v. David Williamson, August 19, 1791, signed by Wythe for the plaintiff. Image from EAC Gallery. The case involves a mistake in the payment to the court orator. The orator acted honestly, but by mistake received a bond worth much more than payment for his services should have been. This case resolves the issue.
Document Text, 19 August 1791
To the honorable George Wythe Judge of the high Court of Chancery. Humbly complaining sheweth to your Honor your orator Warner Washington of the County of Frederick, that he having had dealing with a certain David Williamson of Baltimore in Maryland merchant, on which there was a balance due from your orator, a clerk of the ? Williamsons called on your orator about the month of March in the year 1794 with his accent and took his bond payable to the ? Williamson for the balance stated to be drew him by the said account, which your Orator had no doubt exhibited a true state of their Dealings. That about nine
weeksmonths after this Transaction the said clerk called again on your orator and informed him that their had been a considerable mistake in the said servant in your orator favor, and free [unclear] a new account in which he said their Dealings were correctly stated. Your orator on examination was satisfied that which a mistake had been committed, and that the last account was a fair ones. The said clerk then requested that your orator would give a new bond for the whole [unclear] stated to be due by the account last produced which he [unclear] to on the first mentioned bond being delivered up to him - he was told by the ct. Clerk that the 2d bond was in the possession of a certain James Holliday in the Town of Winchester, that it would be very inconvenient for him to wait till the Bond could be seat for, that he was giving to Winchester, & that the bond should be safely returned to your Orator in a very short time. Next
that your Orator giving faith to their appearances executed a new bond for the whole sum stated to be due by the account last produced. The bond first mentioned was for the sum of £600 dollars or there abouts the latter was for about the sum of £240 dollars your orator [unclear] charges that he had no dealings with the 2d Williamson between the date of the first and last bond, and that the amount of the first was included in the second. He further sheweth to your Honor that the 2nd clerk immediately put the bond last given into the hands of an attorney to bring suit on, but never returned to him the bond first given, and on inquiry of the 2d Holliday your Orator finds it never was deposited in his hands. That judgment was obtained on the bond last executed on which executions inforced and was levied, wherefrom your orator gave a forthcoming bond on which Judgment was obtained in the County of Frederick when the original Judgment had been entered, that your Orator appealed to the District Court of Winchester when the Judgment of the County Court was affirmed, and Execution hath issued against your Orator from the 2d District Court. That your Orator requested his attorney to province a delivery of the first mentioned bond to him or taken such measures as he should deem proper to prevent his being compelled to pay the amount of the 2d Bond twice, that he is told by
his 2d attorney that he long since mentioned the subject to the attorney for the said Williamson & informed him that your Orator would endeavour to prevent the recovery of the amount of the second Bond till the first should be restored to him. That from the failure of the 2d Williamson to return the Bond first mentioned your Orator has just reason to believe he may [unclear] the 2d Bond or kick it by him till your Orator shall be unable to [unclear] the tracts herein stated, & he is advised that as the second Bond was given on the express condition that the first should be returned to him immediately the recovery thereof ought to be suspended until the first bond is delievered up to him. In tender consideration whereof and for as much as your Orator is only relievable in equity, to the end therefore that the said David Williamson who he prays may be made Defendant to this his Bill may on his [unclear] oath make full time & perfect answer to all & singular the premises that he may be injoined from further proceeding on the 2d Judgment till the Bond first mentioned is given up to be cancelled, and that your Orator may have such other & further Relief as is consistent with Equity. May it please your Honor to grant a writ or writs of subpoena and Injunction commanding the said David Williamson the Sheriff of the 2d County of Frederick & c and your Orator &c. Frederick Counter Warner Washington maketh oath before me a magistrate for the county aforesaid that the allegation in this Bill and time so far as they relate to his own actings & doings of others he believes them to be true.
- Rawleigh Colston
The injunction is awarded as to six hundred dollars upon the usual terms
19th Aug. 1797 G Wythe.
Washington & Williamson Bill