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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 238   View pdf image (33K)
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            238 Court and Testamentary Business, 1649 50.

        

        

        

        Liber B.   a Servant as aforesaid by Some Testimony in Virga and desires

              time for that purpose. It is therefore ordered that the further

              hearing be respited till the next Court and the defendt is by

              that time to produce his proofes peremptorily

              Danieli Clocker plt  The Compit moveth the Court to have

              Tho: Cornwallis Esq deft releife against the defend' for Corne and

              Clothes wch was due to him as he alledgeth for his Service to

              the Defend' to which the defendant in Answer pleadeth the

              Statute of Limitation of Accons, And the Court thereupon

          p. 414 after reading of Severall former orders made in this Cause

        

              thought not fitt to give the Compit any reliefe upon this his

              Complaint but dismisseth the Suit

        

              Thomas Cornwallis Esq plt Whereas the hearing of this Cause

              Thomas Gerrard Esq deft was the last Court referred to be heard

              the tenth of April next, It is now ordered that the hearing

              thereof be further respited till the Court appointed the Seventh

              of June next

        

              Thomas Gerrard Esq plte The Compits Suit being for the Choice

              mr Cuthbt ffenwick deft of one Colt out of two due to him upon

              Agreemt and Valuable consideration Given. The Defendt

              acknowledgeth the Bargaine but alledgeth that the Complt

              delayed to receive the Colt till both those of which he was to

              have his Choice were dead, And the Complt alledging that he

              had not any way Neglected to receive the Colt, but that the

              defendt had Neglected the delivery contrary to his Bargaine,

              And the defend' thereupon craving respite till the next Court

              to produce his proofes. It is ordered accordingly and the deft is

              then to produce his proofes peremptorily.

              John Nunne by mr The Complt Sues the defendt for

              Henry Coursey his Attorny } pite   a hogshead of Tobacco lent to him

              mr Cuthbert ffenwick defendt  long Sincc for which lic hath yet

        

              Received noe Satisfaction though often demanded, And the

              defend' in Answer denyed that the Compit had lent him any

              Tobacco; but confessed that upon the Compltes request (he

              the defendt being bound for Virginia) to dispose of a hogshead

              of Tob: of his and to be accomptable, he the deft caused the

              Said hogshead to be brought aboard the Vessell which was then

              bound for Virginia, and that upon Sight thereof it proved to be

              rotten & unmerchantable, for proofe whereof he desired

              respite till the next Court, which is ordered accordingly, And

              the defendt is then to produce his proofes peremptorily.

        



 
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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 238   View pdf image (33K)   << PREVIOUS  NEXT >>


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