Volume 51, Page 46 View pdf image (33K) |
46 Chancery Court Proceedings, 1670-71. Liber C D plainant in the year one thousand Six hundred Sixty and five did Send into this province Severall Goods & merchandizes to the value of three hundred and thirteen pounds and five pence Sterling which were Shipped in and upon the Good Ship Called the Golden fortune whereof Edward Pearce was Commander and Consigned to Walter Story of this province deceased, and by the Said Pearce Delivered 2 to him the Said Story three fourths whereof were for the Accompt of the Complt and the other fourth part thereof to Walter Story, But the Complt Disbursed the money for the whole out of his own proper money, the plt the Same years and Severall years before and Since Consigned and Sent over to the s.d Walter Story Severall other Goods as factor for the Said Complt to a Great value for the produce whereof the said Walter Story was to be accountable to the Complt, as also for the money by the Complt laid out for the fourth part of the Goods Shipped in Peerce and the fourth part of the ifreight and other Incident Charges which the Complt paid, and that the Said Walter Story having got into his hands and possession all & Singular the Said Goods and in his life time dis- posed of the Same, and raised thereupon divers and Severall Con- siderable Sumes of Tobacco by the produce thereof which he kept in his hands and never in his life time made any Returns or acc.t to the Complt, whereby the Complainant was Damnified one thousand pounds Sterling, being Enforced to pay Dead ifreight for two hundred hogsheads of Tobacco which Should have been Shipped by him in his life time or Elizabeth his Relict Since his Death according to advice to them Given for that purpose, they having Enough in their hands to do the Same, the Said Walter Story Dyeing the Said Elizabeth Story his Relict Administring and having full Effects to pay his Debts Combining with William Baker the other Defend.t who was Employed by the Complt in the Disposall of the Goods and very well knew of the premisses She refuseth to make the Corn- plainant any Satisfaction for the Goods or the produce thereof, or (fol, 44) to make Good to the Complt the fourth part of the money paid for 5 the Said Goods & fourth part of the ifreight and Incident Charges by the Complainant disbursed in and about the Transportation of the said Goods and for the Dead ifreight by the Complainant paid, therefore to be relieved touching the Same and to have the defend.t (fol. 45) produce the Said Walter Story's Book's of Accompts and how the Goods were Disposed, And to whom, and what the produce Came to and to have an account of and Satisfaction for the Same, and for his Damages and for the Dead ifreight by him paid according to Equity and Justicc hc humbly Crave the aid and assistance of this 6 Hon.ble Court and that process of Subpcena might thereout be awarded against the Said Defendants to appear and to Answer make of all and Singular the premisses the which being Granted and the defend.ts being therewith duely Served appearing, and the |
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Volume 51, Page 46 View pdf image (33K) |
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