Volume 10, Page 238 View pdf image (33K) |
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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Volume 10, Page 238 View pdf image (33K) |
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