Volume 57, Page 421 View pdf image (33K) |
Provincial Court Proceedings, 1668—69. 421 and william Barrett of Londn merchant for a greater sume, where- LiberFF fore this is held a thing but Collusiuely done to defraud the said Barrett, and is therefore by the Court throwne out & not heard William Barrett plaintiffe Morecroft p quer: Humphery Warren defendant Nottley defendt The plt sues the defendt upon a Bond in a plea that hee render unto him One Thowsand flue hundred Sixty two pounds wch hee oweth to him and unjustly deteineth &c: The Condicon of which Bond is for the deft to per forme seuerall Articles and Agreemts speci- fyed in one paire of Indentures of Bargaine and sayle bearing date the said Bond and made betweene the plt of the one party and the said warren of the other party Which said Bond being read and [p. 765] heard The sd Humphery saith that the aforesaid William Ought not to haue his accon aforesaid agst him, because hee saith that the afore- said William att the time of the making the said Obligacon in the Citty of London in the Kingdome of England in the time of the great pestilence or Visitacon in the said Citty did him bee said Humphery Threaten to Cast into Prison and did likewise impose upon the said Humphery such and soe great threats of his life, and of maime of his members to be brought upon him, unless the said Humphery would make and Seale the aforesaid Obligacon att Lon- don aforesaid in the time of the pestilence aforesaid, That hee the said Humphery for feare of the imprisonmt and those threats a fore- said, the aforesaid Obligacon to the said William did then and there make, And this hee is ready to auerr whereupon bee demands Judgmt whether the sd willm Ought to haue his accon agst him &c: Nottley p defendt The defendt Craues an imparleance to next Court by reason Capt Thomas Smyth theire Materiall wittnes is in Virginia, not hauing time to bring hime to Court since the Arrest The Major Vote of the Board is for an imparleance which was granted untill next Court Richard Attkins plaintiffe Jenifer p quer: Richard Bayley defendt Morecroft p def: Thomas Carleton & Jno Blomfeild appointed Auditors upon the Acct depending between the plt and defendt doth now deliuer in theire Report thereof which is as followeth In pursuance of yor Honnrs Order Wee the Auditors to heare the Accompts between Richd Attkins plt and Richard Bayley defendant in a plea that the said Bayley render to him the said Attkins a rea- sonable Accompt att the time hee was receiuer of the tobaccoes of the said Attkins |
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Volume 57, Page 421 View pdf image (33K) |
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