1791-02-05 (static/transcriptions/1791/02/035.jpg)

(127.

Saturday 5 February 1791.

against Matthew Dawson Esq:
Trial

at length said that Mr. Dawson agreed to pay Interest but no Hoondean. Whereupon I answered “you are not doing right to dispute for the difference of a little sum of money if this Cause is carried into Court the Costs will be great, &c.
I will go to Monohur Doss and ask him to give up a part of his demand I can do nothing else.” To this Nilmunny answered “very well I will go to Mr. D. & tell him – he came back & sd Mr. D. would not allow the Hundian. I then told them to bring an accot made out as I had settled & then I wd go to Monohur D: & request him to give up some part &c. They said from day to day that they would come but did not and I fell sick & here ended the business with me.
Collichurn Ghose attended me on the part of Mr. Dawson I met the Defendant twice at Mr. Cockerell’s house before I was appointed Arbitrator he requested to undertake it but I refused for some time & at length consented.
The person who appeared to me chiefly interested in the matters submitted to my arbitration was Mr. Dawson. I know this by this means, when Conversations happened about the Settlement of the several Items, they always asked eave to go & consult with Mr. Dawons & they used to come back & give me answer & on the subject of Hoondean & Interest I particularly recollect they said they would go & ask him if he would consent or not, and when they were claiming the share of the profits of the Kootee on the joint concern viz 3,000 odd hundred rupees, I asked Nilmoney who was to get that profit, he answered “Mr. Dawson”.
When both parties came to me & submitted the dispute to my arbitration, the Plfs people required Mr. D: to be made a party giving a Bond of Arbitration which was refused by the Deft’s people, N. M & R: G: said “Mr. D: is not a party & he therefore will not sign a Bond,
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