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82 Day of Septemb.r aforesaid sett sayle with the said Shipp upon the said intended Voyage but by distresse of weather he was forced to the Island or Barbados to repaire & amend his Shipp aforesaid being much shattered & damaged And the Comp.lt being a Stranger in that place & by reason thereof not able to procure Creditt for the repayring amending & refitting the said Shipp without breaking bulte & Exposeing to sale some of the Goods of the said George Fullford for payment thereof the Comp.lt did apply himselfe to the Defend.t Leach Facto.r & Consignee of the said George Fullford for his advice & assistance for the payment of the money that should be due for the repayring of the Shipp aforesaid And thereupon he the said Edward Leach forbadd the Comp.lt to medle with the Sale of any the said Fullfords Goods but promised that in case the Comp.lt would signe & affirme two bills of Lading he then had ready drawne the one to the said George Fullford & the other to the said Edward Leach for the Goods in the same shipp to be delivered to the said Edward att the Port in Maryland he would lay out & disburse soe much as the said Shipp should cost repayring as aforesaid whereupon the Comp.lt was constrained by necessity (notwithstanding he knew not of ay Interest the said Leach had in the said Goods in his owne proper right not being soe much as named in the said Charter party but all the Goods in the said Shipp were bound to the Comp.lt as security as aforesaid was perswaded & drawne by the said Leach to signe & affirme two Bills of Lading as aforesaid And the said Shipp being repayred & refitted to Sea as aforesaid did in short tyme afterwards to witt upon the third day of May One Thousand six hundred seaventy six arrive in the Port of Maryland & imediatly upon her Arrival he the said Comp.lt att the request of the said Edward Leach caused most part of the said Fullfords Goods to be landed & putt a shoare att the said Leach his Store & was ready to have putt the residue on Shoare & to have used all the Endeavours possible for relading her with Tobacco for England according to the said Charter party But the Comp.lt & John Westcoate chiefe Mate of the said Ship & severall other of the Seamen of the said Shipp haveing received certain Intelligence from London by Letters that the said George Fullford was broke & gone a side and that a Comission of Bankrupt was taken out against him or threatned to be taken out & that Caution was thereby given to the Comp.lt & Seamen to Secure the hire of the said Shipp & Seamens wages & the Charge for the Victualls & Port dutyes either by the said Goods Imported or by the Tobacco the produce thereof Exported or else they must Export to receive nothing att the Port of discharge att London from the said Fullford And thereupon the said Mate & Seamen came to the Comp.lt to have Satisfaction made them for their wages all which paid they refused to |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 82 View pdf image |
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