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279 The same should extend to the discharge of any other Matter or thing what soever then the Matters in Controversy then between the said Comp.lt & Taylor upon the said suite in law with the said Taylor averred it should not & that hee had paid the 7000.tt Tobacco afsd to the s.d Walker But the s.d Taylor haveing soe cuningly and craftily obteyned the sd Release refused paym.t of the said 7000.tt tobacco to the said Day although he had made it his owne proper Debt by passing his Note under his hand to Walker for the same & the said Walker according to his promise ought to have delivered in the s.d bill to the p.lt Yet the said Defend.ts considerating togeather the s.d day having gotten the s.d Note past by Taylor for the p.lt account to Walker ag.t w.ch the s.d Release could not operate being made his prop.r Debt as afsd concealed the same to give collor to an accon ag.t the p.lt upon his said Bill past to the s.d Waker for the said 7000.tt tobacco as afsd the said Daÿ did put the s.d Bill in suite ag.t the p.lt although in truth the same was paid by Taylors Note passed as afsd w.ch the s.d Taylor ought to have paid as afsd the Release afsd notwithstanding Therefore to discover the said Note passed by Taylor to Walker & if Walker did not accept the same in satisfacon of the debt due to him from the p.lt & if thereby the s.d Taylor did not Make it his proper debt & the s.d Walker did not promise upon receipt thereof to deliver in the p.lt said Bill for the s.d 7000.tt tobacco & whether the s.d Release was ever intended to release the said debt of 7000.tt tobacco or only the suite comenced touching the debt of Quigly & to be released ag.t the s.d accon at law & the Release aforesaid is the effect of the said Comp.lts Bill To which the said Edward Day by answer sayed hee denyed all combinacon w.th the othe Defend.t & that he Knew Nothing of the Transaccons between the s.d Comp.lt & Taylor & Walker concerning the supposed 7000.tt tobacco in the Bill Menconed But sayed that hee haveing marryed the s.d Walkers Ex.rx & haveing possessed himselfe of his writings found amongst them a Note subscribed with the Name of Thomas Taylor wherein he obliged himselfe to be accountable to the said Thomas Walker for the use of the said complainant for the sume of 6207.tt of tobacco & did verily believe the same note to be subscribed w.th the proper hand writeing of the s.d Thomas Taylor which said sume of 6207.tt of tobacco in p.rsuance of the s.d Note hee demanded of the s.d Thomas Taylor the 17.th day of January 1683 but the said Taylor utterly denyed payment thereof saying hee had a Genall Belief from the p.lt & therefore would not pay the same w.ch said note followeth in these words Cap.t Thomas Walker October 1679 SS This shall oblidge mee to be accountable to you upon the account of M.r Vansweringen 6000.tt of tobacco from Your Loving freind Thomas Taylor likewise 207.tt of tobacco more from Thomas Taylor But how the said Walker came by the said Note or Whether the s.d Walker |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 279 View pdf image |
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