Volume 51, Page 47 View pdf image (33K) |
Chancery Court Proceedings, 1670-71. 47 defend.t Elizabeth Story Saith She never knew of any Goods Con- Liber CD signed by the Complt to Walter Story her late husband in the year one thousand Six hundred Sixty five or any year Since or before, And the other Defend.t William Baker Confesseth and Saith that true it is there was in the year 1665 a parcell of Goods Shipped by the Complt in the Ship Golden ifortune Edward Peerce Com- mander, and Consigned to the Said Walter Story, and to the sd 7 Story delivered But to what value they Amounted to he knoweth not or whether the Complt had any part or Share he knoweth not or whether the Goods were purchased with Long or Story's money or for whose use they were he knoweth not, and Saith he never knew of any other Goods Consigned to Story the Complt Both of them Say they knew not of any Copartnership between the Complt and Story, or that Ever Story did Act for the Complt as his facto.r or Ever Sold any Goods by the Complts order or for his use that they knew nothing of any Dead ffreight paid by the Complt through 8 the Neglect of the Said Story or the Defend.ts nor did they Ever See or had any knowledge of any Charter party wherein the Complt had taken any ifreight aboard any Ship to be Complyed with by the Said Walter Story or the defend.ts or have they or Either of them any Effects of the Complts in their or Either of their hands whereby the Complt might be Compelled to pay Dead ifreight through their neglect. That the Said Walter Story went for Eng- land in Cap.t Peerce's Ship in the year 1667 and was Severall times with the Complt at his house in London, and Carried all his papers with him that Concerned the Dealings between him and the Complt. if there were any, and Saith it is Consonant to Reason to Suppose p.38 that the Complt if that Story had been any ways in his Debt by (fol. 45) reason of the Said Goods So Sent to the Said Story would have made up accounts together and the Complt would have taken up Some Obligations or acknowledgem.t under his hand for what was due to him. And the defend.ts Say that the Said Story dyed in his (fol. 46) Return from England and never any of his papers or accounts which any ways Concerned any Dealings betwixt the defend.ts and the Said Long came to their hands or knowledge by reason whereof 10 they are wholy Ignorant of any affairs betwixt them, and the Said Elizabeth Saith that she being left a widow and one poor Child the Complt takes advantage of her widowhood and Ignorance of the matters Contained in the Said Bill but hath no Just Cause against her and so Concludes with the Gen.ll Traverse, to which Answer the Complain.t put in his Generall Replication and Avers that all and Every the matters in his Bill of Complaint are true all which he is Ready to prove and Justifye and maintain in Such manner and form as the Hon.ble Court Shall award and prayeth as in his II Said Bill he hath prayed, and the matter being at full and perfect issue Wittnesses were Examined by the Complt and Said Cause |
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Volume 51, Page 47 View pdf image (33K) |
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