1819

William Marsh – aged 63/64 – London (1755-1846)
Elizabeth Marsh (ne Tresilian) aged 49/50 – 3rd wife of William Marsh – London (1769-1838)
Arthur Cuthbert Marsh – aged 32/33 (1786-1849)
Amelia Marsh (Aunt Me) – aged 30/31 (1788-1861)
Madame Anne Gabiou (ne Marsh) aged 25/26 – Paris (1792-1870)
George Marsh – aged 28/29 (1790-1868)
William Marsh – aged 23/24 (1795-1824)
Mary Marsh – aged 20/21 (1798-1839)
Georgina Nelson Marsh – aged 17/18 (1801-1861)

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Wednesday 13 January 1819
Statesman (London)
Law Intelligence
Court of King’s Bench – Jan 12
Sandilands v Marsh and Another – Liability of One Partner on the Guarantee of Another
This was an action brought by Mr.Sandilands, the executor of the late Mr.Howden, a purser in the East India Company’s service, to recover of Messrs Marsh and Creed, navy agents, the arrears of an annuity granted to the late Mr.Howden by Joshua Rowe Esq., of Tonpoint, Cornwall, for the payment of which the Defendants had made themselves guarantees. Mr Marsh alone appeared to the action; he plea was no promise to pay – on which point issue was joined.
Mr.Scarlett state the case to the Jury. He began by observing, that the late Mr.Howden had had extensive money transactions with Messrs Marsh and Creed, respectable navy agents in London, who, as he generally resided in Scotland, received for him his half-pay and his dividends upon some stock which he possessed.

In 1811, Mr.Howden had 7,000l. consuls. in the funds. Messrs Marsh and Creed had before laid out some of his money in the purchase of annuities; and as they had previously done so, Mr Creed wrote to him a letter in September, 1811, desiring to have his sanction for purchasing another, which Mr.Creed said might be bought on very advantageous terms. Mr Creed, in his letter, stated that he had an opportunity of employing the remainder of Mr.Howden’s property in the stocks in such a manner as to double the income which Mr.Howden then possessed: it was by the purchase of an annuity for three lives, at eight per cent. secured on a clear unencumbered estate of 12,000l. per annum, the receipts of which passed through their hands.
Their house would guarantee the regular payment of this annuity, if five per cent. commission were allowed them for their trouble and their guarantee.
The latter then entered into particulars, disclosing the manner in which 150l. a year was to be added to Mr.Howden’s income, and ended by desiring that he would send an answer “Aye” or “No” to the proposal by return of post; adding that if his answer was in the affirmative, a blank power of attorney would be transmitted to him immediately, in order that he and Mr.Marsh might sell out the requisite quantity of stock.
Mr.Howden was tempted by the proposal of Mr.Creed, and acceded to it; and the power of attorney was given and the annity purchased on the representation that the granter was possessed of an estate worth 12,000l. a year.
Mr Howden died in March 1813: his representatives (for during some time there was a doubt whether he had left any proper testamentary paper) addressed shortly afterwards a letter to Messrs Marsh and Creed, desiring to know what pecuniary transactions existed between them and the late Mr.Howden.
In April 1813, Marsh and Creed sent in an account signed by Mr.Marsh, stating, among other items, that there was credit given to Mr.Howden for two annuities, one yielding 130L. the other 400l.; and the latter annuity, says the account, is guaranteed by our house.
On further examination it appeared, that this annuity was not granted for three lives, but for one life, the life of Mr.Rowe; whether Mr.Creed and Mr.Howden corresponded after September 1811, it was quite impossible to decide, as Mr.Howden was not now alive to tell the tale; and as no letters between them, except that of September 1811, happened to be preserved.
The letter of September 1811, alluded to giving 5,000l. for an annuity, which Mr.Creed’s house was to guarantee, upon three lives; the annuity afterwards purchased, and for which this action was brought, cost 4,600l., and was for one life only, the life of Mr.Rowe.
This annuity Mr.Marsh himself, in his letter of April 1813, said, was guaranteed by their house; Mr.Rowe is at present, in spite of his property, not able to pay the annuity; and it has only been paid for three years and a half, and great arrears have in consequence accumulated.
For these arrears Mr.Scarlett observed, that his client, Mr Sandilands brought his present action against Mr.Marsh; his partner had originally guaranteed the payment of them; and Mr.Marsh had subsequently allowed to the executors that such guarantee had been given.
Mr.Marsh had lately turned round and said that such an acknowledgement had been given in mistake. These were the facts of his case; and, if they were established, as he was sure they would be, he should be entitled to recover the whole amount of his demand.
He then called Mr.Stevens, the clerk to Messrs Marsh and Creed, to establish his assertions.
Mr.Stevens proved that Messrs Marsh and Creed were the agents of Mr.Howden, and received his dividends in 1811. He also proved the hand-writing of Mr.Creed to the letter of September 1811, and of Mr.Marsh to the letter of April 1813, both of which were in consequence admitted as evidence; as also of Mr.Creed’s to a Bank power, given to Messrs Marsh and Creed by Mr.Howden in 1808.
On his cross-examination by Mr.Marryat, he said, that the firm to which he was a servant kept a letter-book, though the letters were not always entered in it. He never heard of any guarantee being given by the firm, for either this or any other annuity; it was not the duty of navy agents to do such things, nor yet to purchase annuities.
The letters produced in Court that day were not to be found in the letter-book of the firm. Mr.Creed, in 1811, had the management of the business entirely to himself. He never charged the executors of Mr.Howden more than two and a half percent, and he kept the books, and must have known of the 5 per cent. commission, had there been any.
The cast for the Plaintiff was here close, and Mr. Marryat rose in defence. He observed that when two individuals entered into partnership they merely entered into partnership business. The present Defendants were in partnership for navy agencies, but not for the guarantee of annuities; and unlses these annuities be guaranteed by the consent of all partners, or, in other words, if a man attempt to make a guarantee without the knowledge of his partners, that guarantee cannot bring the unknowing partner.
The Chief Justice interrupted Mr.Marryat, and asked him whether, if such was the line of argument which he intended to pursue, ti would not be better to put the facts into the shape of a special case for the Courts to decide upon.
Mr.Marryat answered, that he conceived that such a point as whether Mr.Marsh did or did not know of this guarantee was a point on which the Jury could alone decide.
The Lord Chief Justice coincided with this opinion; and Mr Marryat in consequence proceeded.
He held it to be clear law, that if collateral security were given for an annuity, that security should be registered in the proper office, conformably to the regulations of the Annuity Act. This guarantee was not registered, and therfore Plaintiff could not recover.
Mr Marryat was proceeding to call his witnesses, when Mr.Wylde, who was Junior Counsel no his side, offered an objection against the declaration. He stated that Messrs Marsh and Creed were therein declared to be retained on purchase and transfer stock for Mr.Howden; whereas by the letter produced by Mr.Scarlett as evidence, it appeared that Mr.Creed was the only person so employed.
The Chief Justice, however, over-ruled this objection, and deemed the variance to be of no importance.
Mr.Marryat proceeded to call his witnesses, previously to which he, however, demanded that sundry accounts rendered by Creed and Marsh to Mr.Howden should be produced; from these it appeared that Marsh and Creed had never charged more than two and a half per cent commission on any money which they had received for Mr.Howden, though they had charged that commission upon every sum, not even excepting the annuities which they received on his behalf.
The Learned Counsel also produced the annuity deed, in order to show that there was no clause of guarantee on the part of Messrs Marsh and Creed contained in it. He then examined one or two witnesses, who were navy agents and who stated that navy agents never pretended to advise their clients either to grant or purchase annuities.
The Chief Justice then summed up the evidence. He said, that the chief question for the Jury to try was, whether Marsh and Creed had ever transacted business in any other manner than as navy agents: if they had done more, if they had become annuity dealers, then it became worthy of their consideration to determine whether they had become so with the knowledge of Marsh.
The Jury then consulted for a few minutes, after which they brought for the Plaintiff – Damages, 1167L.
Mr.Marryat then gave notice, that he should move during the next Term for a new trial.

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Wednesday 10 March 1819
New Times (London)
To the Charitable and Humane, a most Afflicting Case is offered to their consideration. Two Ladies (sisters) who formerly had a competence, have been totally deprived of it by the bad conduct of a Brother, who converted their entire property to his use when in embarrassed circumstances, unknown to them, which has reduced them to a perfect indigence, without one penny to support them even for the present moment, or the smallest prospect of recovering any part of their property in future. Any donations will be received at – – -Messrs Marsh, Sibbald and Co.’s Bankers, Berners Street – – –

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Saturday 26 June 1819
Morning Post
Deaths.
At Kingston, Jamaica, on the 21st of April, Mrs J.M.Marsh, wife of John Milbourne Marsh Esq., Post-Master General of that Island, and daughter of the late Dr.D.Grant M.D., of Jamaica.

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I have been given the following note regarding the death of John’s second wife:
Frances Elizabeth Marsh, Wife of J Mibourne Marsh Esq and daughter of Dr David Grant Born 8th Dec 1798 And died 16th April 1819 aged 20 years and four months Leaving a disconsolate husband sorrowing, too her brother and sisters afflicted friends and two infants, Frances Mary Anne (Lucy) and John Milbourne Marsh. Death lies on her like an untimely frost [lies?] on the fairest flower of all the fields. She was good as she was fair! Pure in thought as angels are!

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Saturday 13 November 1819
Morning Post
A Lady of respectable Family, the Daughter of an Officer, deceased, who has served his Country an unprecedented period, with great credit, and whose nearest Relations are in the Army and Navy, is by misfortunes (not those of error or imprudency), reduced to utter want, which forces her to this painful mode of appeal on a benevolent Public, to enable her to undertake a favourable opening for the support of herself and Family. The smallest Donation will be gratefully acknowledged and received for the above, and every satisfactory information given, at Messrs. Marsh, Sibbald and Co., Bankers, Berners Street.