Copy of bill, Benjamin Jerdone [Jordan?] V. James Neilson concerning a store account Jerdone owes Neilson. Note this debt was assigned by Charles Grymes for John Hatley Norton to Callum Jones. Signed by Thomas Prosses, George Wythe, Peter Tinsley. 2 pp., 19.1x30.1cm.

To the honorable the Judge of the high court of chancery, humbly complaining sheweth
unto your honor your orator Benjamin Jordan. That some time in the year 1781
your orator purchased at the store of a certain James Neilson a few articles an exact
list of which is hereunto annexed, and which he thinking might amount to about
£ 1 14s 6 sterling which at 500 per cent on the sterling cost the usual advance at that
time would amount to about £ 8 12s 6 currency. Not finding the said Neilson
at his usual place of residence, your orator sent him a list of the articles
purchased with a blank promissory note annexed thereto and a letter requesting
the said Neilson to full up the note with such sum as he should price the
articles at, a copy of which letter and note, except that the blank is filled up,
is annexed and refered to. To this letter your orator received an answer in
which the said Neilson declines filling up the note till he [illegible] your orator
but that letter is lost. Some time after this a suit was instituted against your
orator in the name of the said Neilson in the district court of Charlottesville on
the said note which was then filled up with the sum of £ 7125 lb of crop tobacco of
the Richmond or Manchester inspections. After the institution of the suit your
orator inspected the papers which were filed and saw the memorandum of
articles purchased filed with them. Relying on this he went to trial, but on
calling for the memorandum he found to his surprize that it had been
withdrawn and the jury having no guide to shew the iniquety of the note
found for the plaintiff and found also the interest in damages on which
sum judgment was rendered. Your orator verily believes that the said
Neilson never did fill up the said note but that it had been filled up by
some other person who has sued in Neilsons name for his own benefit, but
be this as it may he relies on its being, if done by Neilson, so shameful a
breach of trust that this court will releive against it. Immediately after
this judgment your orator brought a copy of the record to John Marshall
an attorney practising in this place who advised him that the judgment
was erroneous and would unquestionably be reversed, whereupon a supersedeas
was applied for and obtained but on a final hearing in october term last as well as
your orator recollects the judgment was affirmed and has been since entered
up as the judgment of the district court. To the end therefore that the said James Neilson may be made defendant hereto and may on oath true
answer make to the premises and that he may be injoined from proceeding
on the said judgment and that your orator may have all proper relief.
May it please your honor GC

for the county aforesaid this 30th day of August 1796.
Tho: Prosser.

Set an injunction issue; the plaintiff releasing errors and giving
security in the penalty of two hundred pounds.
G Wythe
31st August 1776.

Jorddan } Copy Bill

vs }

Neilson}

Mr. Randolph.

54 cents.

This debt was assigned by
Charles Grymes for J. H. Norton,
Callum Jones, after judgment
in Albermarle. See proceeding
in court of appeals — Inquire
for Neilson’s account — So [llegible] C. Grymes.