UNIVERSITY of GLASGOW

The Corresponence of James McNeil Whistler

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Document associated with: Furber, Price and Furber
Record 1 of 1

System Number: 02267
Date: [10 March 1885][1]
Author: Ingle Cooper and Holmes[2]
Place: [London]
Recipient: JW
Place: [London]
Repository: Glasgow University Library
Call Number: MS Whistler I8
Document Type: MsDc


'9[3].
L'Envoi -[4]
Three years later -'

[p. 2][5] 1885 P. No. 180.

In the High Court of Justice
Queen's Bench Division

Between Samuel Wreford Paddon[6] - Plaintiff
- and -
Charles A Howell[7], Defendant

Statement of Claim.

1. The Defendant acted between the years 1881 and 1883 inclusive as Agent for the plaintiff in and about purchasing certain pictures china and works of art and in the course of such agency rendered to the Plaintiff certain Accounts purporting to contain entries amongst others of monies paid by the Defendant for the Plaintiff for the prices of certain pictures and works of art and other matters in the said accounts mentioned. The Defendant fraudulently represented that he had paid such prices and sums of money in the said account appearing and that certain of the said pictures works of art and other things were genuine and what he represented them to be and thereby induced the Plaintiff to make payments to him on the basis of the said accounts.

2. The Defendant did not in fact make payments on behalf of the Plaintiff to the extent represented [p. 3] as aforesaid nor were such pictures works of art and other things in fact genuine or what the Defendant represented them to be.

3. The Defendant also by representing that four pictures were the property of one Vacani[8] and painted respectively by Van Huysen[9] and Vandyck[10] and that the said Vacani had given a much larger price for the same than £280 induced Plaintiff to buy the said pictures from the said Vacani for the sum of £280 in truth the said pictures were the property of the Defendant and Vacani and had not been purchased by Vacani for a larger sum than £280 but had been purchased by the Defendant and Vacani for a much less sum.

4. The Defendant also induced the Plaintiff to buy a picture said to be by one Terburg[11] [sic] for £120 by representing that the same was the property of one Vacani and had been purchased by him for a larger sum in fact the said picture belonged to the Defendant and Vacani and had been purchased by them for a much less sum.

5. The Defendant also by representing that certain china[12] belonged to Vacani and had been purchased by him at certain large prices induced Plaintiff to purchase the said china as of Vacani at large prices the said china was in fact the China of the Defendant and had been purchased by him at [p. 4] a low price.

6. The Defendant has also converted to his own use a certain picture[13] bought by Plaintiff from Whistler and a silver girdle and a pair of sconces and certain furniture vases brackets and wall furniture. The Plaintiff also at the request of the Defendant paid for him £21. 3. 0 to Dickenson and Ford [14] [sic].

The Plaintiff claims -
(a) Damages in respect of the premises.
(b) Repayment by the Defendant of the excess paid to him by the Plaintiff over the sums actually paid by the Defendant on behalf of the Plaintiff.
(c) That an account may be taken of the sums actually expended by the Defendant on account of the Plaintiff and of the sums recieved [sic] by the Defendant from the Plaintiff and that all proper enquiries be made and vouchers produced and that the balance due may be ordered to be paid.

Roland Vaughan Williams[15].

Delivered this 10th day of March 1885 by
Ingle Cooper & Holmes
20 Threadneedle Street
London
Plaintiffs Solicitors.


This document is protected by copyright.


Notes:

1.  [10 March 1885]
This date is mentioned in the document.

2.  Ingle Cooper & Holmes
Solicitors.

3.  9
These lines were written by JW, and the pagination from 9-13 may be in his hand. The phrase 'Three years later' refers to a dispute involving Paddon, JW and Howell (see Whistler, James McNeill, Correspondence. Paddon Papers. The Owl and the Cabinet, London, [1882]).

4.  L'Envoi -
Double underlined.

5.  [p. 2]
Although p. 1 was numbered (by JW?) '9.', this second sheet is not numbered. However, pp. 3-4 are numbered as '10.' and '11.' This document was probably a later copy of the original, and continues with a related document dated 11 June 1886, #13912.

6.  Samuel Wreford Paddon
Samuel Wreford Paddon (b. 1843), diamond merchant and collector [more].

7.  Charles A Howell
Charles Augustus ('Owl') Howell (1840? - d.1890), entrepreneur [more]. See also the case for the defence, presented by Walter A. Attenborough, 21 April 1885, #01631.

8.  Vacani
Andrew Pasquale Vacani (b. ca 1825), art and furniture dealer, frame-maker and gilder [more]. Among other things he was a carver and gilder, and also a dealer and importer of antique furniture, curiosities and works of art.

9.  Van Huysen
Jan van Huysum or Huysen (1682-1749), artist [more].

10.  Vandyck
Anthony Van Dyck (1599-1681), artist [more].

11.  Dickenson and Ford
Foord and Dickinson, carvers, gilders, picture restorers, picture mounters and frame-makers, at 129 Wardour Street.

12.  Terborg
Gerard ter Borch (1617-1681), artist [more].

13.  china
JW shared with Paddon and Howell an interest in collecting blue and white porcelain.

14.  picture
It is just possible this was Crepuscule in Flesh Colour and Green: Valparaiso (YMSM 73). It was in the hands of Furber, Price and Furber, auctioneers, 2 Warwick Court, Gray's Inn, WC, in 1878, and thereafter with Howell, among others. JW asked Howell to send it to Foord and Dickinson to be framed for the 3rd Summer Exhibition, Grosvenor Gallery, London, 1879. However, the involvement of some of those mentioned in this document may be sheer coincidence.

15.  Roland Vaughan Williams
Roland Vaughan Williams (1838-1916), lawyer [more].