Page:The English Reports v1 1900.pdf/662

Some time before the year 1775, a Club was established at a house in Albemarle-Street, in the Parish of Saint George, Hanover-Square, in the county of Middlesex, called the Ladies' Club. In 1775, the Managers and Members of the Club being dissatisfied with the house, and with the conduct of the person who kept it, were desirous of removing the Club, and the respondent was named as a proper person to take the management of a house, to be engaged for the entertainment of the Club.

On the 24th of March 1775, the respondent was sent for to attend a meeting of some Members of the Club at the house of the appellant, Lord Melbourne, when near 100 of the Managers and Members were present: and Lord Melbourne and other Members proposed to the respondent to take upon him the conduct of the entertainment of the Club, at a house then belonging to Sir George Colebrooke, bart. in Arlington-Street, which was intended to be purchased for the purpose. It was proposed, that the Club should purchase the house and fixtures, and that the respondent should furnish the house, and pay for all repairs, alterations, and taxes, and also servants wages, and other expences attending the Club: that the Club should consist of 250 subscribers at least, at six guineas each, making together, 1500 guineas, which was computed to be sufficient to pay all expences, except servants wages, and to leave a surplus of about £800 as a recompence for the respondent's trouble, and for the use of furniture, and other considerations; and, that in addition to this allowance, the Members would pay the respondent at Christmas, one guinea each, towards payment of servants wages, and to prevent applications to them from the servants at Christmas; and also to pay down the first year's subscription in advance, on or before the first day of May 1775, and every succeeding year in advance; and that the subscriptions and reckoning should be regularly paid. It was also proposed, to chuse Members to be Managers of the Club, in the month of March, in every year: and as the expence of furnishing the house, and providing all necessaries for the entertainment of the Club, would be considerable, it was proposed that in case the Club dissolved within seven years, the Members should pay to the respondent 4000 guineas damages.

The respondent soon after received the following proposal in writing, signed by the appellants, the Duke of Queensbury, (then Earl of March,) the Earl of Egremont, Lord Melbourne, and Lord [397] Lucan:

That the house shall be purchased in the name of Mr. Cullen. When the purchase is made, Mr. Cullen shall execute a declaration of trust, that he made the purchase, and holds the house for the benefit of the Club, and that he shall oblige himself not to sell or mortgage the house without the express consent and approbation of the Managers for the time being, first had in writing, and that he shall be bound to pay all interest monies, taxes, and repairs. That if the Club shall be dissolved within five years from the time of its commencement, Mr. C. shall be paid the original value of his furniture, together with such loss as he may have sustained by the undertaking during his residence therein, which loss shall be judged of by arbitrators, chosen by the Club and Mr. Cullen; and if the Club shall, upon such determination of the arbitrators, chuse to pay Mr. Cullen the value of his furniture, together with the loss so ascertained, the house shall remain the property of the Club, or otherwise Mr. Cullen shall be at liberty to sell the same for his own indemnification. That Mr. Cullen shall agree with, and pay Sir George Colebrooke for the fixtures of the house—29th April 1775-March and R.—Egremont—Melbourne—Charles Bingham.