DANIEL MYLREA (with Robert Heywood & John Taubman snr) vs JOHN KERMOD

SUE FOR LOSS OF INCOME - 1789 (Rushen)

Messrs Robert Heywood, Daniel Mylrea and John Taubman, merchants and fish curers in Douglas under the name of Heywood, Mylrea & Co complain against John Taubman (sic) in the parish of KK Christ Rushen and show that the complainants in the last fishing season employed the smack or fishing vessel called the Daniel whereof Edward Kermod was master for the purpose of purchasing of fish at sea upon the coast of this Isle and carrying the same to the complainants' fish houses in the said town to be there cured or made up in red herrings for exportation

That on or about the 23rd day of September last past the said defendants sold unto the said Edward Kermod for the complainants' use a boat load of fish computed to contain sixty maze of herrings or thereabouts after the rate of two shillings Manx the hundred

That the said defendants received earnest from the said Kermod to bind or confirm the said contract of the said sale of the said fish and the said defendants came up in the said fishing boat alongside the said smack Daniel in order to deliver the said fish to the said Kermod for the complainants' use - agreeable to the said contract and soon afterwards the said defendants withdrew the said fishing boat or suffered the same to be withdrawn from the said smack Daniel for the trifling advance or advantage of 2 pence a hundred and five shillings over the said defendants sold and delivered the said boat load of herrings or suffered or permitted the same to be sold unto John Clague, mariner, for the use of Messrs Cosnahan and Bridson fish curers of the said town amounting in the whole to fifty-one maze of herrings or thereabouts

That by reason whereof the complainants lost the benefit and advantage of the contract and purchase of the said fish and the complainants charge that the said quantity of herrings sold and purchased as aforesaid would have produced thirty-two barrels of fish when cured into red herrings and that according to the sales of the complainants' fish this year even at a foreign market, the said thirty-two barrels of herrings would have produced a clear profit of eleven shillings a barrel and upwards

That by means of the said breach of contract upon the part of the said defendants as aforesaid the complainants are damaged in the sum of twenty pounds British and upwards as will be made to appear

And the complainants therefore bring this suit and pray for judgement for the recovery of damages according to the due course of the ......of this Isle

Defendants non compet

At a Court of Common Law holden the 29th June 1789 the defendant having deposed that he cannot with safety proceed without having the benefit of the evidence of Thomas Lace of Peeltown who is now off this isle this action is therefore continued until next term. Thomas Moore

[Ref: Liber Placitorum (Book of Pleas) 1789 #21]


  1. Daniel Mylrea was the son of Thomas Mylrea & Rose Savage, and baptised Peel 1750
  2. His was the Deemster/Archdeacon/MHK/ Attorney General line of Mylreas; once possessors of the Dollough estate
  3. Daniel's uncle, the Deemster Daniel Mylrea, left him as the executor and residuary legatee of his estate. Daniel promptly sold off the Dollough in several transactions, and should have been a wealthy young man
  4. Daniel went into business with his brother-in-law Robert Heywood, and the older John Taubman snr, which inter alia built and ran herring houses on South Quay
  5. This litigation shows that purchasing herrings was not always straightforeward!

Associated Documents

Last updated: Nov 2017