Page:Notes and Queries - Series 11 - Volume 5.djvu/298

 242

NOTES AND QUERIES. m s. v. MA* so, 1912.

Ward had continued in possession two more years. Defoe asked for payment of the debt for stock, amounting to about 600/., and 160Z. on account of rent. This was not forth- coming, and Ward "in a private and clandestine manner " quitted the farm, leaving no stock to distrain on. and returned to Warwickshire. Ward there procured a commission of bankruptcy to be taken out against himself, with the object of depriving Defoe and his other creditors of their remedies at common law. Defoe further complained that Ward and the Commissioners of bankruptcy not only refused to pay him his debt, but, in order to induce him to relinquish his claim, pretended that he had received several sums of money and goods from Ward, and threatened to bring an action in the Court of Common Pleas for the pre- tended debt. The defendants further pre- tended that a man named Adams, a servant of Ward's, was an agent of Defoe's, and tried to make the latter liable for some sums of money Ward had entrusted to Adams. Defoe asked the Court to order that an account of the alleged debts should be set forth, that he be admitted as creditor to the estate, and that the proceedings at common law be stayed by injunction.

The defendant Ward, in his answer, denied that he had originally any intention of taking the farm, or that he had said he was worth 1 ,0001. , but admitted he might have expressed an intention of leaving Coleshill. He stated that he visited Defoe at Stoke Newington in consequence of several pressing letters he had received from Defoe, in which the latter represented that he had a most advantageous scheme to lay before him. The plan that Defoe unfolded was to the effect that, as the farm in question had a quantity of very good tile clay, they should take the premises together, and carry on the trade of brick and tile makers, and that Defoe (who had had considerable experience in the business) should instruct Ward and admit him as partner. The result was that Defoe in- duced Ward to sign a paper, dated 23 Nov., 1724, purporting to be an agreement between them jointly, to take the farm of Hannah Defoe at the rent of 100Z. a year for the term of thirty-one years ; that they should jointly occupy the premises and carry on the busi- ness before mentioned, and each advance 150Z. for starting the works. Soon after signing this agreement Defoe told Ward that his daughter Hannah and the rest of his family would be very anxious if they knew he had entered into business again ; he therefore prevailed upon Ward to sign

another agreement to take the farm singly but as to what rent and term the latter did not know, not having paid much attention or taken a copy, as he believed Defoe's representation that it was only to satisfy his wife and family, although Ward since believed that it was done with the intention to deceive him, and force him to hold the farm singly, Defoe knowing it was worth considerably less than 100Z. a year. Defoe at the same time entreated Ward to say nothing of the first agreement among his family, as, although Hannah Defoe was a witness to it, she knew nothing of its contents. A little time after, Ward, having on inquiry discovered that the farm was not worth 100Z. a year, complained to Defoe, and a new agreement was entered into, it being arranged that the land should be rented according to the rent of the surrounding pro- perty, and a memorandum of this was endorsed on the first agreement, which was- in Ward's possession. Ward further stated that he advanced to Defoe, both in money and goods, a sum very nearly amounting to that which he had agreed to put into the business ; and had in addition, at Defoe's request, paid and supervised the workmen until he had overpaid the amount by 201.

Having exhausted his funds, Ward asked Defoe to advance his share, to which the latter replied that he would order his agent, Adams, to do so out of his rents ; but, on applying, Ward was informed that Defoe had already ordered the rents to be devoted to other purposes. In consequence of this Ward wrote to Defoe requesting that the joint farm might be rented according to the- third agreement, that he might know what rent he was to pay as his share ; also, if the stock on the farm was to be treated as- joint stock, that it might be valued, so that Ward should know how much was his share ; and that the two shares of the farm and stock should be distinct. This latter request was occasioned by a suspicion that Defoe intended to cultivate his own farm with the joint stock. Being unable to obtain any satisfactory reply, Ward, having nothing to live on, returned to Warwickshire, consider- ing he was under no further obligation to concern himself about the matter. Some time after Defoe wrote to Ward informing him that, owing to the death of a brother* or some other relative, a considerable estate of real and personal property had come to him, and if Ward would return to Essex,

about 1725.
 * Defoe's brother-in-law Samuel Tuffley died