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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 204   View pdf image
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                                                                                                                (204
      
       denyed hee bad the Comp.lt dispose of them as hee pleased or desired the
       Comp.lt to spare him the Deft some of them but the Comp.lt sayd Twice
       spare you some of them for yo.r private use & the deft sayd yes I will take
       same of them att the rate you sell to others and the Deft gave y.e Comp.lt
       a particuler Noate of what hee at p.rsent wanted but noe way in relacon to
       or p.rjudice of the said Contract or bond aforesaid but the Deft never
       received a pennyworth of the goods and the Deft sayd that hee told the
       Comp.lt that hee the Comp.lt was D.r to John Deery as aforesaid and y.e
       Deft being his Adm.r the Comp.lt needed not to feare his pay for the s.d
       provisions for the same was by that meanes in his owne hands to w.ch y.e
       Comp.lt answered that the Comp.lt had nothing to doe w.th Deerys
       Estate hee the Comp.lt would adm.r the same and offered to the Deft
       if hee would give the Comp.lt Foure thousand pounds of tobacco they would
       make an End of the businesse and Can sell both the bonds about the
       provisions to w.ch the deft replyed now Let it rest as it does w.th such
       other discourses as these w.ch would noe waise (if true as the Comp.lt
       p.rtended) bee an acquittance or discharge of the said bond of the Comp.lts
       to say hee had noe ready Tobacco or will you stay till the next yeare or
       Dispose of them as you please Could not amount if the deft had sayd soe
       to a release of the said Comp.lts bond and the Deft sayd hee was much
       damnified by the not having the Provisions delivered him at the say
       Mentioned in the Condicon of the said bond for that hee might have made
       as much in those two monethes time out of the said Provisions being
       Court time as would have paid the Comp.lt w.th a greate advantage to the
       deft and the said Deery the Comp.lts Attorney might have received most
       part of y.e Tobacco due for the same att the Cropp before  And the deft
       not Dareing to Venture the penalty of his bond in Case the Comp.lt should
       Come in & deliver the goods by the day haveing sufficiently Experienced
       the Comp.lts Kindnesse in those cases before hee the said deft left in the
       hands of Thomas Taylor sheriffe of Dorchester County & in y.e hands
       of the said Deery wch hee owed him the defend.t and in the hands of others
       sufficient to have paid the Comp.lt and the Comp.lt ought att his perill to have
       delivered the goods and to have taken his Remedy against the deft in case
       of non payment for the said goods upon the defend.ts bond being a good
       Consideration w.ch hee had Chosen as his security w.ch being once accepted
       Could not bee made Invallid in Lawe or Equity but by pformeing the same
       Denyed hee Ever Came to any finall End about the said bonds or agreed
                                                                                                             (to


 
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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 204   View pdf image
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