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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 823   View pdf image
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823

       of the said Hoare for the account of the Compl.t but was not so carefull to
       take in his said obligation which since this Defend.t is informed was
       lodged in the hand of a certain John Falkoner   Who after the loss of Cap.t
       Hoare in the shipp Tuder about one year after as agent or factor for
       the Compl.t unjustly put the said bond in suit as in the Bill set forth
       and upon a false suggestion to and a Mistaken surprise of the Jury
       obtained a Verdict ag.t this Defend.t   the bond being taken in the Compl.ts
       name and the receipts and other this Defend.ts papers proofs of the Tobacco
       paid being in Cap.t Hoares name  Of all which this Defendant Endeavoured
       to make the said John Falkoner the Compl.ts Agent in the Country here sencible
       but finding the said Falkoner persisted unjustly to greive the Defend.t pretending
       to Levy the said Tobaccos together with the Cost of that unjust suit upon
       this Defd.ts person and Estate by takeing him in Execution under which he lay
       two months at great Charge this Defend.t brought a Writt of Error for Correcting y.e
       Errors in the Said Judgment of Cæcill County Court and by the Justices of the Pro.ll
       Court the afd Judgment was Reversed and anulled and this Defend.t Adjudged to
       be restored to all which thereby he had lost which this Defd.t acknowledges to be
       only the Cost in Defence of the said suit Imprisonment Fees and prosecuteing
       the Writt of Error afd and this Defend.t saith that M.r William Dent this att.ry
       Imployed to reverse the Said Judgment being dead & M.r Thomas Macnemara
       being Imployed as this Defd.ts att.ry in the provinciall Court and not knowing
       but this Defend.t had paid the Debt as well as Costs upon the Judgment in the
       County Court Sent out ^two^ Attachments for the pretended Debt of the Compl.t
       which he supposed had been levyed with the Costs of that suit in the County
       Court as well as this Defend.ts Costs of Suit in the provinciall but this Defd.t
       gave Express orders to the Sherriffs Deputy James Smith only to serve the latter
       Notwithstanding which a Certain Gilbert Falkoner being Present and then Factor
       of the Compl.t giving this Defend.t very scurrilous and opprobious language and
                                                                                                                (many


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 823   View pdf image
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