Page:The English Reports v1 1900.pdf/665

Club was dissolved or not, and if dissolved, to pay the respondent his expences and losses, according to the proposals and authority signed by them, and to name arbitrators for that purpose, and to indemnify the respondent from the demands of Mr. Leycester, and to defend the suits instituted by him.

The appellants declining to give the respondent any directions, or in any manner to satisfy his demands, he, in Easter term 1779, filed his bill in the Court of Chancery against the appellants, and Mr. Leycester, stating the matters before-stated, and that Mr. Leycester threatened to proceed to a sale of the house, and that the appellants refused to give the respondent any directions for his conduct, or any assistance to defend him against the actions commenced by Mr. Leycester, and also refused to indemnify the respondent, or to pay him for his expences, and losses sustained on account of the house and undertaking, or to enable the respondent to shut up the house, or to let the same to a tenant; so that the respondent continued at a considerable expence in maintaining the house; and that the appellants insisted that they were not bound to indemnify the respondent, or to pay his charge and expences on account of the house and premises, and that several other persons were Members of the Club, and equally interested with them in the house and premises; and the bill charged, that the appellants made the proposal of the 19th of April 1785, to the respondent, and also gave the respondent the power of attorney, of the 1st of May 1775, before stated, and the respondent insisted that they alone were liable to pay his demands, and that he could not discover the several Members of the Club, and procure a remedy against them, as they were very numerous, and many of them totally unknown to the respondent. The bill therefore prayed, that an account might be taken of what was due to Mr. Leycester, and that the house might be sold under the direction of the Court, and that Mr. Leycester might be paid what should appear to be due [401] to him on the mortgage, out of the money which should arise by the sale, and if the produce should not be sufficient for that purpose, then, that the deficiency might be paid by the appellants; and that the respondent might be indemnified and discharged therefrom, and that the bond for £9000 might be delivered up by Mr. Leycester, and that an account might be taken of what was due to the respondent for the £450 and interest, paid by him to Sir George Colebrooke, and that an account might also be taken of the expences which the respondent had been put to by the means aforesaid, and of the loss and damage he had sustained by his undertaking, and that a proper satisfaction for the respondent's trouble and loss of time, according to the said agreement, might be ascertained; and that what should be becoming due on such account, might be paid to the respondent by the appellants, and that Mr. Leycester might be restrained from proceeding to sell the house, and might be also restrained from proceeding at law against the respondent.

In February 1780, the appellants the Duke of Queensbury and Lord Egremont put in their answer, and thereby admitted that the respondent, on the 24th of March 1775, was sent for to attend the meeting of the Members of the Club, at the house of Lord Melbourne, and stated that a very considerable number of the Managers and Members were then present; that the respondent was then approved of and chosen by the Members then present, to take upon him the conduct of the entertainment of the Club, at the house in Arlington-street, then proposed to be purchased, and to furnish the house, and that the said house and fixtures should be purchased in the respondent's name, as trustee for the Club; that the respondent should pay for all repairs, and alterations, and taxes, and servants wages, and other expences; and that among other proposals then made for the conduct or management of the Club, it was proposed, that the Club should consist of 250 subscribers at least, at a subscription of six guineas each, yearly, which was computed to amount in the whole to 1500 guineas, yearly, to be sufficient to pay all the expences attending the house, (except servants wages,) and leave a considerable annual sum, for the trouble of the respondent, and for the use of his furniture, and other matters; and also that each subscriber to the Club should pay the respondent one guinea each, at Christmas, yearly, for payment of servants, and to prevent any application from the servants; and they stated, that several persons who subscribed for purchasing the house, not being likely to be found or collected all together, it was proposed at the meeting at Lord Melbourne's, that a select number of the annual Managers of the Club should, on the behalf of themselves and the several other