Mutual Discharge between Patrick Matthew Esq and Thomas Wilkie


This is a copy of a legal document, dated 27 November 1828, dissolving the partnership (“copartnery”) and discharging any mutual financial obligations between Patrick Matthew and Thomas Wilkie. The document states that Matthew and Wilkie carried on a “business as shipbuilders at Newburgh shore”, under the name of Wilkie and Company, between the beginning of 1824 and sometime in 1827. Subsequently, Wilkie went bankrupt, and Matthew helped to bail him out. This document describes the final settlement between them.

The key piece of information this document provides is that Matthew was personally engaged in a shipbuilding business during this time. At last we have an answer to a question that was previously a mystery: “Where did Matthew gain the expertise in shipbuilding displayed in his 1831 book On Naval Timber and Arboriculture?”.

At Cupar the twenty seventh day of November eighteen hundred and twenty eight years. In presence of Andrew Clephane Esquire Advocate Sheriff of Fife compeared James Harh Writer in Cupar and James Carstans Writer there as Procurators for the Parties after named and designed and gave in the Mutual Discharge underwritten, desiring the same might be inserted and registered in the Sheriff Court Books of Fife in terms of the clause of registration therein contained which the said Sheriff ordained to be done accordingly whereof the tenor follows viz Mr Patrick Matthew Esquire of Gourdiehill and Thomas Wilkie Shipbuilder at Newburgh sometime carrying on business as shipbuilders at Newburgh shore under the firm of Wilkie and Company Considering that in the beginning of the year eighteen hundred and twenty four We agreed to be copartners in carrying on a Joint Trade and business as Shipbuilders at Newburgh Shore and continued to carry on the same until sometime in the year eighteen hundred and twenty seven when we agreed to dissolve the Copartnery which we accordingly did And further considering that I the said Thomas Wilkie having continued to carry on the said Trade as an Individual until the fifth day of May last, when finding my affairs embarrassed I called a meeting of my Creditors to be held in Newburgh on the tenth day of the same month which was adjourned for a few days to allow me time to find security for implementing the offer I then made That at an adjourned meeting of my Creditors held at Dundee on the sixteenth day of the said month of May it was proposed by me and agreed to by a number of my Creditors that I should pay a dividend in full of their claims of five shillings Sterling per pound, and as security for my fulfilling the proposal the said Patrick Matthew became bound That accordingly I the said Patrick Matthew paid the said dividends and also sundry accounts in full which from various circumstances I was obliged to discharge And also considering that I the said Thomas Wilkie in security for the advances which the said Patrick Matthew might have to make did on the seventh day of July last assign and dispone to him the whole stock and effects of which I was possessed and which according to a valuation lately made thereof by James Doig and William Malcolm Wrights amounted to two hundred and sixty two pounds eleven shillings Sterling And now seeing that I the said Thomas Wilkie on the one hand have paid twelve shillings Sterling of this sum to the said Patrick Matthew and have granted bill to him for two hundred and ninety nine pounds nineteen shillings Sterling being the balance of two hundred and sixty one pounds nineteen shillings Sterling due of the above Stock and including a sum of thirty five pounds Sterling which the said Patrick Matthew has agreed to advance John Wilkie Tenants Parcs on my behalf and a sum of three pounds Sterling for wood at Ranhalor[?] sold by him to me amounting together the foresaid sums to the sum contained in the said Bill And that I have and hereby become bound to free and relieve the said Patrick Matthew of a debt of thirty five pounds Sterling due by me to Euphemia Heynd[?] my Mother And that I the said Patrick Matthew on the other hand have taken upon me the burden of payment of the other outstanding debts as already given in to or known to be owing by Savin Stewart Writer Newburgh due by the said Thomas Wilkie and connected with the business of Shipbuilding lately carried on by him Therefore but with the exception of the sum contained in the foresaid bill of two hundred and ninety nine pounds nineteen shillings We the said Patrick Matthew and Thomas Wilkie have exonered and discharged as we do hereby Exoner acquit and simpliciter discharge each other and the heirs Executors and successors of each other, and also the said Company or Firm of Wilkie and company of all claims demands debts and obligations whatsoever which are indebted and owing or payable and prestable to us as a Company or collectively or individually or on any account whatever relating to the foresaid Copartnery or to the intromissions and management of any of us or to the foresaid Stock or to the payment of debts and dividends, or to the profits debts funds and effects in any manner of way Which Discharge we hereby bind and oblige ourselves and our heirs Executors and Successors to warrant at all hands and against all mortals as law will And we consent to the registration hereof in the Books of Council and Session or other competent record therein to remain for preservation and that all necessary execution may pass on a decree to be interponed hereto and for that purpose we constitute
++++++++++ Our Procurators &c In witness we have subscribed these presents written upon this and the preceding page of stamped paper by Savin Stewart Writer Newburgh at Gourdiehill the twenty second day of October eighteen hundred and twenty eight years before these witnesses the said Savin Stewart and Thomas Melvell Servant to the said Patrick Matthew

signed Pat. Matthew Tho Wilie Savin Stewart Witness Thomas Melvel Witness Extracted upon this & the five preceding pages by [illegible signature]

Page created 25 June 2018
Last modified 25 June 2018

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