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233 (223 For all which Insufficiencys Uncertaintys and Erro.rs in the Declaracon aforesaid and proceedings thereupon had He prayeth that Judgem.t may be stayed and that the Verdict thereupon given may be he do for nought And that the said John to what by the same he hath lost may be Restored Geo Parker Thomas Trueman Plt Verdict for the Plt The Defend.t moved in Arrest of Judgem.t and profered his Reasons therefore John Abington Deft To whome the Plt Answered as followeth viz.t 1 That whereas the Def.t in the first Article of his said p.tended Reasons doth affirme and avouch to the Court That the Plts Declaracon is vitions Because Thomas Abington is not in the said Declaracon named servant Apprentice or Factor of the said Defend.t But onely Attorny And that therefore Judgem.t ought not to be Entered The Plt sayth that the word Attorney is much more pertinent Extensive Copious full and eventuall than the word Factor is For a Man cannot be a legall Attorney unless he be impowered by the Constituant either by matter of Record or by Act and Deed under hand and seale And soe the Attorny doth fully rep.rsent his maker And all acts then done by the Attorny Relateing to the Constituant are as binding as if the Constituant were personally p.rsent and did the same And although the Deft Sayth the power of Attornys is limitted to such matters as he hath Enumerated in the said p.rtended Reasons Yett that is a false allegacon for that Attornys as it is well knowne are frequently authorized by Genall warrants to act & doe in all things with out limitacon Now the word Factor is of a narrow significacon And a Factor is seldome armed w.th authority under the hand and Seale of his Imployer But for full answere to this Allegacon of the Def.ts The Plt sayth It is plaine That the same is made by the Def.t in great abuse & affront of the Court And meerly to amuse & Invight the Justices thereof being a manifest falshood For that the Plt in his said Declaracon doth sett forth the said Thomas Abington to be Attorny & Factor for the said John Abington as by the said Declaracon relacon being thereunto had more fully doth appeare Therefore Judgem.t upon this p.rtence ought not to be stayed 2 To the second the Plt sayth that whereas the Def.t p.rtends That it is not sett forth in the declaracon of that Thomas Abington att any time before and how long had used to buy and sell &c for or in the name of the Def.t To this Plt sayth That in the Declaracon he hath sett forth That John Abington being a Trader in the Province did in the yeare one thousand six hundred seavent Eight Constituet & appoint Thomas Abington to buy & sell and Act in all Cases whatsoever as the proper Attorny of the said John And that the goods menconed in the Declaracon were delivered to the said Thomas Abington as the Attorny & Factor of the said John and for the proper accompt of the said John w.ch was fully sufficient for the Plt to sett forth and he had noe need to mencon that Thomas Abington used to buy and sell for the Defend.t The setting forth of such usage being only requisite in case of a Factor without Letter of Attorny But not in the Case att Barr 3 Whereas it is alleadged That it is not sett forth in the Declaracon That Thomas Abington Did promise in the name of John Abington or that he used the name of the said John in the bargaine The Plt answers that it is said in the Declaracon That Thomas Abington the Attorny and Factor of John Abington Reced of Thomas Trueman upon the proper accompt of the said John One Perewigg of the price of Two hundred and Fifty pounds of Tobacco Which Two hundred and Fifty pounds of Tobacco Hee promised to pay in goods att five farthings p pound soe that the whole proceeding of the bargaine being sett forth to be done by Thomas Abington as the Attorny & Factor of the said John Abington and for the proper Accompt of the said John It must needs be imployed that John Abington was named Though it be not att all materiall whether he was or noe 4 Whereas it is said by the Def.t that it is not sett forth in the Declaracon that the goods came to the use of the Defend.t Or that the Def.t did assent to it or that the goods were necessary for the Defend.t The Plt says that the goods menconed in the Declaracon are sett forth to be delivered to Thomas Abington Whome (The |
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Provincial Court Land Records, 1676-1700
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