| Description | (Delivered by John Mosley.)
Soho, April 9th, 1792.
Sir,
Herewith I transmit you the best account I can from the idea you have given me; but, if I may presume to give my opinion, it can only be taken up on two grounds: that is, first, supposing from your letters of advice of purchases Monnerons' creditors can compel you to deliver the copper therein specified, they must first pay you the cost and all charges thereon, and I conceive they must take it in such state as it may be found at the time of their notice, paying all expences to the bringing it into that state; and further, I should conceive they are even compellable to take it all in coin unless you have committed any act that may have done away the original agreement. Second, supposing that they have no claim for the copper but can only demand the balance of their actual account, you have a right to charge the copper coin bona fide delivered and also compel them to take all such other as may be struck or in train, or you have a right to be indemnified for your loss by such not being delivered.
Was I in your situation I would not give up the least point. The balance of the account I transmitted was £14,487. 1. 4, from which deduct the £4000 that I then conceived was given to Wilson but I since find was Monnerons' draft, leaves £10,487. 1. 4. The charges from Swansea and the half charge of casks you must also take off. I would by no means engage in anything specifically. I would only in general terms acknowledge that there was about £10,000 due to them, which I would either deliver them in copper or pay the balance at proper periods; and if it should be their determination to accept the latter, the quickest sale possible should be made to prevent any inconvenience arising from the machinations of any of your enemies, as the disappointment and loss already sustained will not bear to be increased. I can see no ready means of making up a mutilated account of purchases of copper, as they must be in possession of your correspondence, which would shew the difference, and I fear would rather hurt the cause than otherwise. I am sure they must pay for the copper before they can demand it; if it was even on the road you could stop it until you were indemnified.
Wishing you may keep clear of any engagements, and that no particular evils may arise from this unfortunate circumstance, I am, with respect, sir, your very humble servant,
Wm. D. Brown
[Edited transcript.] |