Volume 10, Page 241 View pdf image (33K) |
Court and Testamentary Business, 1649 50.241
hogs that he had killed if he could proove or Sweare they were Liber B. his and further Sayth not. Sworne before me Ri: Preston
John Taylor and John Gramer Sworne and Examined the 20th ffebruary 1652. Sayth That mr Brooke did Say to Robert Taylor that if that he could proove the two hogs to be his that was killed that he would Double the Value of them according to Law, and further Sayth Not. Sworne before me. Ri: Preston Mr John Henry & Willm Coursey pltes The Complt Sues for Mr ‘I'homas Daines p Geo: Mee Attorney Damages for non perform- Defendant ance of Covenants accord
ing to agreemt in writing mr Mee the defendants Attorney desires respite till he may Send to the defendt for his Answer, The Court thereupon doth respite the further hearing hereof till the next Court and will then proceed to give the plt Such reliefe upon their Covenant as Shall be fitt
Thomas Gerrard Esq pt The plantiffe Sues to be releived for mr Cuthbart ffenwick deft that he paid to the deft who was then Capt Richard Ingles Attorney Eight hundred Sixty and four pounds of Tobacco and four pounds and half of Beaver as full Satisfaction of a Bill dated the fifteenth of ffebruary 1643 wherein he was bound to the Said Ingle for paymt thereof and that the Said defendant hath not according to his undertaking delivered up the Said Bill, But he is Liable to be Sued for the P. 418 debt thereupon, Capt Thomas Cornwallis who hath or lately had the Same in his Custody haveing demanded Satisfaction againe upon the Same and desires that he may either have his Bill deliv- ered up or his Tobacco and Beaver paid upon the Same, to be restored with Damages, To which the Deft acknowledgeth that he being Capt Ingles Attorney received the before Mentioned Tobacco & Beaver in Satisfaction of the Said Bill, but by reason of the plunder was disabled to deliver up the Bill: and Capt Cornwalleyes now present in Court being Assignee or Attorney of the Said Ingle alledgeth that he hath not the Said Bill now in his Custody nor ought as he conceives to be Com- pelled to the delivery up thereof, and the Cornplt offering to take his oath that the Bill which Capt Cornwalleyes Shewed him Since his last Comeing in and upon which he demanded Satisfaction as aforesaid was the Bill in question, And the deft offers also to take his oath that he was Ingles Attorney, And that if he might See the Bill which the plantiffe alledgeth he Saw in Capt Cornwalleye's hands, could depose whether it were
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Volume 10, Page 241 View pdf image (33K) |
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