To his Excellency Arthur Dobbs Esqr. his Majesty's Captain General Governor and Commander in Chief, in and over the sd. Province.

The Petition of James Parkinson

24. April 1758

Humbly sheweth

That your Petitioner having been heretofore concerned in Trade with one Philip Ambrose was on or about the Month of April 1757 at the Expiration of the Partnership between your Petitioner and the said Philip Ambrose sollicited and pressed by the said Philip Ambrose to come to a Settlement of the said Partnership (altho' the said Philip Ambrose well knew it was not then in your Petitioner's Power fully and finally to settle and adjust the several matters and Accounts of the sd. partnership). That thereupon an Account was made out as well of the Effects in Trade as of Debts then by the Books of the sd. Partnership appearing due to the sd. Partnership whereupon it appeared that when the several Debts due to the sd. Partnership were paid to your Petitioner who was impowered to receive the same there wou'd be a Ballance due to the said Philip Ambrose of £360.11.7 the sd. Philip Ambrose being still liable to pay to Mr. Waddel Cunningham and Mr. Torrens of New York and also to sundry other persons whose Accounts were there unsettled one half of all Accounts and Ballances due to them from the sd. Philip Ambrose and your Petitioner That your Petitioner confiding in the fair promises of the sd. Philip Ambrose that he had no Intentions to injure your Petitioner, but was desirous to secure the Payment of the said Ballance when received by your Petitioner, your Petitioner did inadvertently on or about the 26th. day of April 1757 execute and deliver to the sd. Philip Ambrose a Bond for the penal Sum of £721.3.2—procl. Money Conditioned for the Payment of the sd. Sum of £360.11.7 which was then supposed wou'd be due to the sd. Philip Ambrose on Account of the sd. Partnership. And your Petitioner did therein insert a Warrant of Attorney to confess Judgment for your Petitioner for the Penalty of the said Bond That since the Execution of the sd. Bond there appears to have been due to the sd. Partnership £123.10.9 or thereabouts from persons who have become insolvent or are unable to pay the same. That your Petitioner has also paid the Sum of £73.18.5 due from the sd. Partnership and not included in the said Settlement, That the sd. Philip Ambrose has sold and disposed of sundry Casks of Rum and other Effects belonging to the sd. Partnership Amounting as your Petitioner is well informed to about £140 and has applied the same to his own use one half of which several Sums amounting to £168.14.7 ought in Justice and Equity to go in Discharge of so much of the sd. Bond That your petitioner has likewise since the sd. Settlement pd. to the sd. Philip Ambrose and for his Account the Sum of £143.4.9. And further that at the time of the sd. Settlement, there was due to the said Mr. Cunningham £240 or thereabouts from the sd. Partnership for which your Petitioner was liable part of which your Petitioner has since remitted yet the sd. Mr. Cunningham demands the whole from your Petitioner whereby it appears that unless the sd. Philip Ambrose indemnifies your Petitioner from the Demand of the before mentioned Mr. Cunningham your Petitioner has paid and is liable to pay a greater Sum on Account of the sd. Philip Ambrose than is justly due to him on the sd. Bond Notwithstanding which May it please your Excellency the sd. Philip Ambrose at last March Supreme Court held at New Bern did cause Judgment to be entered against your Petitioner for the penalty of the sd. Bond and is determined (as your Petitioner is informed) to sue out Execution thereon to the manifest Injury of Your Petitioner Your Petitioner therefore humbly prays your Excellency, to grant him his Majesty's most gracious Writ of Injunction requiring and enjoining the sd. Philip Ambrose his Attorneys and Agents to forbear and desist from taking out Execution on the sd. Judgment and from farther prosecuting your Petitioner at Law touching the premisses until a full Hearing and Determination thereof be had before your Excellency in the High Court of Chancery.

And your Petitioner as in Duty bound will pay &c.

Jams. Parkinson

Sworn the 24 Apr. 1758 before me—Let an injunction issue according to the Prayer of the Petition

Arthur Dobbs

In [Case].
Parkinson ast. Ambrose
Petn. for Injn.
filed 24. Apr. 1758
Injunctn. issd.

Dobbs