| Volume 51, Page 530 View pdf image (33K) |
530 Chancery Court Proceedings, 1678.
Liber P C promised this def.t that he & his wife should not want nothing that
he had And that the said Def.t upon those faire termes proposed as
aforesaid agreed with Cap.t Walter Dunch for the passage of him-
selfe wife & one woeman serv.t And the said John Avery for him-
selfe & one woeman serv.t And that the said Shipe being stayed as
Graves Ende by an Embargoe the Said John Avery heareing of a
writt taken our agt him out of the high Co.rt of Admiralty made a
deed of Gift to the said deft of all his Goods on board the said Shipp
& delivered one pewter dish in the name of the whole with the deed
And that the said John Avery came on board the said Shipp at the
downes And the said John Avery at sea demanded of the said Def.t
the said Deed of Gift which he refused to deliver And the def.t
further Sheweth that being sick he the sd John broke open the Said
Def.ts Chest in the night & tooke out all his writeings And that
afterwards arriveing in this province all the Goods were Landed at
the said Averys house and that the said Def.t delivered to the said
Avery whatsoever he claimed to be his And denieth that the said
John paid for the passage of the defts wife for England And further
shewed that the said John Avery's and the said Def.t8 Passage were
paid for England out of the money recovered as aforesaid And
Confesses that his wife had Severall times money out of the money
recovered in England but denieth that he knows what sume And the
said Def.t Denies that he ever reced of the said Avery the value of
Twenty shillings more then what he ptsently repaid him And that
the said John Avery did never entrust him with all the goods
menconed in the said Schedule but what the said Avery claimed
as his due he delivered them to him And the said Def.t utterly
denys that he ever was a suitor to the said Avery to goe with him
for England or that ever he prtended any Estate to be fallen unto
him but that he went with him the said John Avery upon the
grounds & motives before menconed & noe other Denieth that the
said John Avery Lent him one pound sterl. to putt in his pockett
And the said deft utterly denyes that the said John Avery took up
Lodgeings for him & his wife or paid for the same or that ever the
said Avery did entrust him with the keepeing of any sume or sumes
of money whatsoever or that the Said Avery Lent him money to buy
p. Cloths for himselfe wife & Serv.t or for the paying of his owne his
wifes & two Serv.ts passages or that the same Schedule or any
Coppy or transcript thereof was either of the hand writeing of the
said Def.t And denieth that he hath one ifarthing of the said Averys
money or Goods in his hands or that he was indebted to the said
Avery or his Ex.rs one farthing or the value of a ffarthing And
saith that the goods menconed in the Schedule aforesd are most of
them in the Inventory of the said Averys Estate or at Least ought
to have binn as by the sd Bill & Answeare remaining upon Record
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| Volume 51, Page 530 View pdf image (33K) |
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