The York Herald, Wednesday, December 09 1874; page 6; issue 5565
Scarbro’ County Court - Town Hall Tuesday December 08
(Before Mr. F.A. Bedwell, Esq., Judge)
Prince v Prince
Money Matters Amongst Relatives
Mr Hick was for the plaintiff and Mr Crowther appeared for the defendant.–In this case it seems that plaintiff, William Prince, a plumber and glazier in Scarbro’, was the brother to defendant, Francis Prince. On the 1st December William lent Francis £120, and the latter executed a deed as security, which he handed over to his brother, he having at that time an interest in certain money that would come to him at their mother’s death. The deed spoken of assigned to his brother William this share of the money as security for £120 lent, at 5 per cent interest. Within five months from the date of the execution of the deed Francis Prince, the defendant, failed twice in Business. He then went to Hull, and it was stated that from and up to that time Francis had not paid any money for either principle or interest. In August 1865 William Prince became bankrupt and he expected a covenant handing over the interest of the deed already spoken of to the trustees to the bankrupt’s estate. In January 1872 William Prince died and in the succeeding year his mother became deceased and when the estate was realised, Francis received about £90 1s as his share. Nothing, however, was known of this until later, and the trustees were now suing under the deed for the £30 which they said was owing to William by Francis at the time of the death of the former.–Mrs Prince, the wife of the deceased William Prince was called, but she could not prove any of the existing debt.– The deed was then put in and Francis Prince to prove it which he did by acknowledging it.– At a subsequent part of the case his Honour severely cross questioned this man who swore in the most solemn manner that he did not owe his deceased brother a farthing, save £4 10s, which did not refer to the provisions of the deed. His Honour: Do you wish me to believe you. Now you wrote in 1865 saying, “I don’t know what I owe you;” and, with that letter before you, do you still swear that you paid him all that money?– Defendant: Yes – His Honour: Do you ask me to believe you?–Defendant: Yes – His Honour: Well I don’t. I have no doubt that you owe a portion of the money. I cannot do more for you, Mr Hick. I must non-suit you without costs.
Persons named in the article (names in bold are included in Prince family history. Mr Hick Mr Crowther William Prince Francis Prince Mrs Prince
Places named in the article (names in bold are included in Prince family history. Scarborough Hull
Image attribution: Jeff Pearson [CC BY-SA 2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons