| Volume 57, Page 369 View pdf image (33K) |
Provincial Court Proceedings, 1668. 369
and remedy who out of Charity did giue Entertainmt to the sd Corbett Liber FF
and applyed meanes to his Sore towards the perfecting of a Cure
It appearing to the Court that the plt had not applyed any meanes
Considerable towards the Cure of the said Corbett who was forced
to look Out for for other succour and releife and was not willfully
kept or detain'd by the deft from the plt and being ignorant of any
such Order of Court untill the plt came and demanded the said Cor-
bett from the defendt who proffer'd the plt that if hee would take
him hee would willingly forgoe him and loose all the meanes hee had
expended upon hime
The Judgmt of the Bench is that it being but a Condiconall Ordr
of Court and that the said Corbett was not taken into Cure by the
plt in due time and was forc't to seek for other meanes and remedy
which hee receiued from the defendt, wherefore wthout that, hee was
not to serue the plt and Consequently if no seruant the deft is not
suable upon the aforesd Acts of Assembly
Court adjourn'd untill tomorrow morning
The Justices all present as yesterday This being the 12th of December [p. 670]
Oliuer Gery plaintiffeJenifer p quer
Elizabeth Leitchworth the Admx Caluert p deft
of Thomas Leitchworth defendant
The defendt hauing time untill this morning to put in her Errors,
doth deliuer the same in writeing as foll:
The defendt Elizabeth Leitchworth By William Caluert her At-
torny in Arrest of Judgmt saith that she is not lyable by the lawes of
this prouince to sattisfy the plt8 demand and of this prayeth Judgmt
of the Court William Caluert
The plt Oliuer Gery by Daniel Jenifer his Attorny saith that in
euery mocon upon Arrest of Judgmt the party that moues ought to
signe his Errors in perticuler which the defendt doth now in Generall
the which when done the plt will proceed & therein Craue Judgmt of
the Court Daniel Jenifer
Elizabeth Leitchworth the Admx of Tho: Leitchworth the defendt
agst Oliuer Gery plt for error in prticuler doth say that the defendt
is not lyable by the law Entituled the Act for paymt of debts (uizt)
that no Accompt is pleadeable after nine months standing and of this
she prayeth Judgmt Will: Caluert
The plaintiffe Joyneth in demurrer
Dan: Jenifer
The Judgmt of the Court is that letters betweene Merchant and
Merchant are by the lawes of merchants noe lesse then specialltyes
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| Volume 57, Page 369 View pdf image (33K) |
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