It not infrequently happened in the case of the death of a factor and the remarriage of his widow, if no one was appointed to act as his successor under it power of attorney from the owner of the goods, that the goods fell into the hands of the second husband, who very often showed no scruple in dealing with them as his private property. Such a case was that of Thomas Kingston, the agent of Thomas Cowell, who owned a plantation in the Colony about the year 1636. Kingston having died and his relict having become the wife of Thomas Loving, the latter at once appropriated the credits and merchandise of Cowell. Upon the petition of Cowell, Loving was required by the Governor and Council to take an inventory of the former’s property in his possession, and to give bond in a large sum to hold it without further purloining it.[1]
Many of the factors proved themselves to be untrustworthy, and numerous suits arose in consequence of their defalcations. There were also many instances of controversies between the English traders and their agents, which were settled by boards composed of merchants residing in the Colony. The arbitrators appointed in the case of Lawrence Evans in 1638 were among the wealthiest and most prominent men interested in business in Virginia, including John Chew, Thomas Stegg, George Ludlow, and Thomas Burbage.
- ↑ Letter from Governor and Council to Privy Council, British State Papers, Colonial; McDonald Papers, vol. II, May 12, 1639, Va. State Library. For a second instance, see Records of General Court, p. 59.
