mber last; but,
nevertheless, it is my duty to explain to you that Messrs
Rubb and Mackenzie, or,--as I believe to be the case, Mr
Samuel Rubb, junior, of that firm,--have not dealt with
you fairly. The money was borrowed for the purpose of
buying certain premises, and, I believe, was laid out in
that way. But it was borrowed on the special understanding
that you, as the lender, were to have the title-deeds of
that property, and the first mortgage upon them. It was
alleged, when the purchase was being made, that the money
was wanted before the mortgage could be effected, and you
desired us to advance it. This we did, aware of the close
family connection between yourself and one of the firm.
Of course, on your instruction, we should have done this
had there been no such relationship, but in that case we
should have made further inquiry, and, probably, have
ventured to advise you. But though the money was so
advanced without the completion of the mortgage, it was
advanced on the distinct understanding that the security
proffered in the first instance was to be forthcoming
without delay. We now learn that the property is mortgaged
to other parties to its full value, and that no security
for your money is to be had.
I have seen both Mr Mackenzie and Mr Rubb, junior. As
regards your brother, I believe him to have been innocent
of any intention of the deceit, for deceit there certainly
has been. Indeed, he does not deny it. He offers to
give you any security on the business, such as the
stock-in-trade or the like, which I may advise you to
take. But such would in truth be of no avail to you as
security. He, your brother, seemed to be much distressed
by what has been done, and I was grieved on his behalf. Mr
Rubb,--the younger Mr Rubb,--expressed himself in a very
different way. He at first declined to discuss the matter
with me; and when I told him that if that was his way I
would certainly expose him, he altered his tone a little,
expressing regret that there should be delay as to the
security, and wishing me to understand that you were
yourself aware of all the facts.
There can be no doubt that deceit has been used towards
you in getting your money, and that Mr Rubb has laid
himself open to proceedings which, if taken against him,
would be absolutely ruinous to him. But I fear they would
|