Edward Lockett, Henry Johnson, and James Berret state that British authorities in Nassau, New Providence Island liberated the slaves aboard the brig Creole, insured by the Merchants Insurance Company. The insurance company reimbursed the slave owners. The petitioners charge that John Pemberton, Liquidator of the Merchants Insurance Company, enlisted their help in prosecuting a claim against the British government for compensation for the slaves. The petitioners inform the court that Pemberton signed a contract promising them one half of any form of indemnity received. They aver that they paid all the expenses for prosecuting the claim, hired special counsel and submitted claims to a commission appointed to settle such disputes between the United States and Britain. Pemberton, however, fraudulently submitted the final claim and prevented the petitioners from transmitting necessary evidence to the commission. As a result, the commission then awarded Pemberton $28,460. The petitioners argue that "without the exertions used by them or those employed by them said award would never have been made to said John Pemberton." The petitioners believe that Pemberton has already received half of the award and fear that unless he is enjoined by the court, he will receive the other half and refuse to pay the petitioners. They seek a subpoena and injunction preventing Pemberton from receiving the remainder of the reward.
Result: Granted; appealed; reversed.
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Repository: National Archives, Washington, D. C.
