UNIVERSITY of GLASGOW

The Corresponence of James McNeil Whistler
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System Number: 12048
Date: [30 September 1878][1]
Author: Philip Henry Pepys[2]
Place: London
Recipient: Theodore Frederick Allingham[3]
Place: London
Repository: Library of Congress
Call Number: Manuscript Division, Pennell-Whistler Collection, PWC
Document Type: PD/Ms


In the London Bankruptcy Ct.

15139

31st Octr 12.30

Re Nightingale Whistler

Office Copy

'203'

Affidavit in support of application to dismiss Debtors Summons. -

Fos 8. 20 3/4

Filed 16 Octr 1878

G A W.

Fos 20.

[stamp:] THE LONDON BANKRUPTCY COURT / OFFICE COPY

T. F. Allingham
55 Old Broad Street
E. C.

[p. 2] A.
This is the Debtors Summons[4] marked A referred to in the affidavit of J A McN Whistler sworn this 16th day of October Before me. Thos Smith[5]
Officer appointed to administer Oaths in Bankruptcy

THE BANKRUPTCY ACT, 1869.

IN THE London Bankruptcy Court
[royal coat of arms]
VICTORIA BY THE GRACE OF GOD, OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND
QUEEN, DEFENDER OF THE FAITH.

[stamp:] THE LONDON BANKRUPTCY COURT / OFFICE COPY

TO James Abbott McNeil [sic] Whistler of Tite Street Chelsea in the County of Middlesex Esquire
OF WE WARN YOU THAT UNLESS WITHIN three weeks AFTER THE SERVICE OF THIS SUMMONS ON YOU, EXCLUSIVE OF THE DAY OF SUCH SERVICE, YOU DO PAY TO Benjamin Ebenezer Nightingale of Albert Works Albert Embankment Lambeth in the County of Surrey Builder OF
THE SUM OF Six hundred and fifty five POUNDS, thirteen SHILLINGS, AND six PENCE
BEING THE SUM CLAIMED OF YOU BY him ACCORDING TO THE PARTICULARS HEREUNTO ANNEXED, FOR work and labour done and materials supplied and for moneys paid and payable for your use -
OR SHALL COMPOUND FOR THE SAME TO his SATISFACTION, YOU WILL HAVE COMMITTED AN ACT OF BANKRUPTCY, IN RESPECT OF WHICH YOU MAY BE ADJUDGED A BANKRUPT, ON A BANKRUPTCY PETITION BEING PRESENTED BY THE SAID Benjamin Ebenezer Nightingale
UNLESS YOU SHALL HAVE, WITHIN THE TIME AFORESAID, APPLIED TO THE COURT TO DISMISS THIS SUMMONS, ON THE GROUND THAT YOU ARE NOT INDEBTED TO him IN THE SUM CLAIMED, OR THAT YOU ARE INDEBTED TO him IN A SUM LESS THAN FIFTY POUNDS.

GIVEN UNDER THE SEAL OF THE COURT THIS 30th DAY OF September 1878

P. H. Pepys[6]

REGISTRAR.

T. S.

[p. 3] YOU ARE SPECIALLY TO NOTE,
THAT THE CONSEQUENCES, WHICH WILL FOLLOW ANY NEGLECT TO COMPLY WITH THE REQUISITIONS CONTAINED IN THE SUMMONS, ARE THAT YOU MAY BE ADJUDGED A BANKRUPT ON THE PETITION OF
Benjamin Ebenezer Nightingale
SHOULD YOU NOT PAY TO, OR COMPOUND WITH him FOR THE SUM CLAIMED WITHIN three weeks FROM THE SERVICE OF THIS SUMMONS ON YOU.

IF, HOWEVER, YOU ARE NOT INDEBTED TO THE SAID Benjamin Ebenezer Nightingale IN THE SUM CLAIMED, OR ARE ONLY INDEBTED TO him IN A SUM LESS THAN FIFTY POUNDS, YOU MUST MAKE APPLICATION TO THE COURT WITHIN THE LIKE NUMBER OF DAYS TO DISMISS THIS SUMMONS, BY FILING WITH THE SENIOR REGISTRAR AN AFFIDAVIT STATING THAT YOU ARE NOT SO INDEBTED, OR ONLY SO TO A LESS AMOUNT THAN FIFTY POUNDS, AND THEREUPON A DAY WILL BE FIXED FOR THE HEARING OF YOUR APPLICATION.

John Mackrell & Co[7] SOLICITORs SUING OUT THIS SUMMONS, CARRYING ON BUSINESS AT 21 Cannon Street in the City of London.

[p. 4] The Bankruptcy Act 1869

THE FOLLOWING ARE THE PARTICULARS OF THE DEMAND OF THE UNDERSIGNED Benjamin Ebenezer Nightingale OF Albert Works Albert Embankment Lambeth in the County of Surrey Builder AGAINST YOU James Abbott McNeill Whistler of Tite Street Chelsea in the County of Middlesex Esquire AMOUNTING TO THE SUM OF Six hundred and fifty five POUNDS thirteen shillings and six pence being the balance due and payable for work and labour done and materials supplied and for monies paid or payable for your use under or with reference to a certain Contract[8] dated the [5th] day of November 1877 and made between you and me for the execution of certain works at Chelsea in the County of Middlesex

Total amount payable £2865. 13. 6
Less monies received on account 2210. 13.
  £655. 13.

 

TAKE NOTICE, THAT we on behalf of THE SAID Benjamin Ebenezer Nightingale HEREBY REQUIRE IMMEDIATE PAYMENT OF THE SAID SUM OF Six hundred and fifty five POUNDS thirteen shillings and six pence

DATED THIS [left blank] DAY OF September IN THE YEAR OF OUR LORD ONE THOUSAND EIGHTHUNDRED AND SEVENTY eight

John Mackrell & Co

21 Cannon Street London
Solicitor for the said Benjamin Ebenezer Nightingale

TO THE SAID
James Abbott McNeill Whistler Esq.


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Notes:

1.  [30 September 1878]
A number of dates appear on this document, including those of filing and processing (on page one). However, the date '30 September 1878' appears on the main printed page of the form, at the foot of page two, and this has been adopted as the dating for the document in this transcription.

2.  Philip Henry Pepys
Philip Henry Pepys (1824-1886), Registrar, London Bankruptcy Court [more].

3.  Theodore Frederick Allingham
Theodore Frederick Allingham (b. 1845), solicitor [more].

4.  Nightingale
Benjamin Ebenezer Nightingale (b. 1838), builder [more].

5.  Debtors Summons
This document concerns JW's dispute with Nightingale over the construction cost of the White House, his studio house at Tite Street. In the spring of 1878, work on the house was interrupted by a dispute with the London Metropolitan Board of Works. The Board insisted that the austere design of the house should be revised to include decorative details before they would grant a lease. JW, already hard-pressed financially, was put under further pressure by the cost of these additions (see his correspondence with E. W. Godwin, #08736, #01748, and G. & W. Webb to JW, #08735). He moved into the White House in late July 1878 but by September his account with Nightingale was still outstanding. Nightingale's patience gave way with this summons.

6.  Thos Smith
Thomas Smith, clerk to B. E. Nightingale. See #12049 for JW's affidavit.

7.  P. H. Pepys
Philip Henry Pepys (1824-1886), Registrar, London Bankruptcy Court [more].

8.  John Mackrell & Co
John Mackrell (1824-1909), solicitor, of Mackrell & Co. [more].

9.  Contract
See B. E. Nightingale to JW, #08923.