:

A

DETERMINATION

OF THE

CAS E

OF

Mr. T. STORY, and Mr. J. HOSKINS.

London, July 31, 1723.

Tthe Inftance of James Hoskins and Thomas Story, the Friends following met, to hear and determine upon a Matter of Difference between them; viz. Thomas Bradford, Anthony Neat, John Ecclestone, Benj. Braine, Thomas Hyam, John Falconer, Andrew Pitt, Samuel Arnold, Joseph

B

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Jofeph Wyeth, Henry Gouldney, Richard How, and

Daniel Vandevall.

The said James Hoskins and Thomas Story, do mutually agree, to acquiefce with, and abide by, the Determination of the said twelve Friends abovenamed, or any seven of them;

Signed {Thomas Story. [ James Hoskins.

Accordingly, the abovementioned twelve have met many Times, and the said Parties have been heard by them, by Word of Mouth; by their written Narratives, and written Replies thereunto: And also such Witneffes, as they did defire might be heard, have been heard, until both Thomas Story and James Hofkins did declare, they were content no more should be heard.

Now We, the Subscribers hereof, being seven of the twelve Persons chosen, as above, by the said Parties: Do upon deliberate Confideration, of what hath been heard by us, in the Manner above related; declare, and agree, the Refult of our Confiderations, thereupon, in the following Particulars.

Firft, We have Reason to believe, that James Hoskins in a clandeftine Manner, and by a Method not understood by Thomas Story, did order the Ac

compt

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compt with the Bank, for the Money which Thomas Story had in his Hands (belonging to the PennsylvaniaLand Company, amounting to 8478 l. 12 5.) to be opened in the Name of James Hoskins and Company; and did thereby poffefs himself, with Power to draw out and difpofe of the faid Money, as himself should think fit.

Secondly, It doth not appear, neither hath it been proved to us, that Thomas Story did give James Hoskins any verbal, written, or any other Order whatsoever; to take out, difpofe, make Ufe of, or imploy the Money aforefaid, or any Part thereof; either for Account of James Hoskins, or for Account of the Profit, or Lofs, of the faid Thomas Story.

Thirdly, Whereas James Hoskins doth affert, that he paid four thousand Pounds to the South-Sea Company, for four five hundred Pound Subscriptions, in the fourth Subfcription on Account, and for the Ufe, of Thomas Story; in the Names of Joseph Skidmore, Jofiah Stamper, James Hoskins, and Thomas Story:

It doth not appear to us, that Thomas Story gave James Hoskins any Order for the Payment of the faid 4000 l. as is alledged by James Hoskins; or that Thomas Story was any Way knowing, or confenting, thereunto, any farther, than that James Hoskins, did give Thomas Story a Bank Note for 1000 7. upon the Morning that fourth Subscription was taken in,

and

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and which James Hoskins hath owned he did per fuade Thomas Story to fubfcribe; which Note for 1000l. Thomas Story did, in a little time after of the fame Morning, return James Hoskins; and Proof doth not appear to us, that Thomas Story did give Order, to James Hoskins, to pay that roool. on his Account; nor does it appear, that the faid Note for 1000l. was Part of the Money paid into the Bank.

Fourthly, Whereas James Hoskins doth affert, that he bought roo 1. South-Sea Stock at 980 l. per Cent, and for a particular Friend of his did take in that Stock, and did ufe 4500% of Thomas Story's Money to take in that Stock: It doth appear, that at the Time this is alleged by James Hofkins to be done, that the Stock was fallen about 200 l. per Cent.

It doth not appear to us, that Thomas Story gave James Hofkins any Order to take in the faid Stock, or that he was any Way knowing, or confenting, thereunto; and James Hofkins hath himself declared to us, that he did not acquaint Thomas Story therewith, neither hath James Hofkins given us any fatisfactory Account, where the faid Stock now is; nor doth he pretend that himself, or any other, did ever transfer the faid Stock to Thomas Story, or any other Perfon for his Account; nor hath James Hofkins given us any clear Proof, that he himself hath ever paid for the faid rool. South-Sea Stock.

We think it neceffary to obferve, as a Mark of clandeftine Management in James Hofkins, that it

doth

doth appear to us, he hath ftated an Accompt, Debtor and Creditor, with his own Hand-writing, in a Book; which Accompt he hath given forth, and called A Copy of the Accompt in the Bank; which Accompt is 85041. 175. to the Credit of Thomas Story. And James Hofkins doth acknowledge, that he did not at any Time apply to Thomas Story, to discharge himfelf in that Book from any Part of that Sum, which it is reasonable to think he would have done, had Thomas Story been confenting to the laying out of that Money for South-Sea Stock, and Subfcriptions, as is before related.

And, whereas it hath been infinuated by James Hofkins, that Thomas Story did act clandeftinely and unfairly, in the Sale of his Lands in Pennsylvania, to the Pennfylvania-Land-Company; and that he had fold divers Shares, 'to his own Profit and private Ufe.

We, in Juftice to the faid Thomas Story, do declare, that having heard divers Witneffes, relating to the faid Suggeftions of James Hofkins, it doth not appear, from all the Perfons concerned in the Affair of that Company, which have been enquired of by us, concerning the faid Infinuations, that Thomas Story made any other than an open and fair Bargain for his Lands with that Company; and that he was, as they themselves declare, free from any corrupt or fraudulent Management with the faid Company, and that the Terms of their Agreement were C

only