|
Liber W. C.
|
said promise on, Whereas the Consideration Laid in the said Decla-
racon to ground the defts promise to the plt on is, That the Plan-
tiffe tooke the deft into the Cabbin of the said shipp and there
Civilly Treated the said deft, and gave him seaverall Drams of
Spirrits, and Strong beere and other Liquors, and Such other ac-
comodacon as the shipp afforded, and hath not sett forth what quan-
tity of Liquors, or what Vallue they were off, wch is altogether un-
certaine, and is therefore onely a Naked Contract from wch by Law
noe accon can arrise, And this hee is ready to Averre and therefore
demands Judgment of the said Dedaracon and if the said Hugh
Upon the Same his accon aforesaid Against him can maintaine, And
Hereupon the premisses being seen and by the Justices here fully
understood & Dilligently Examined Itt seemeth to the same Justices
here That the said writt of the aforesaid plantiffe and the Decla-
racon thereupon made are insufficient in Law to maintaine him the
said Hugh Reynolds to have his said accon against the said Thomas
Hebb, Therefore Itt is Considered that the said Hugh Reynolds take
nothing by his writt aforesaid but bee in mercy for his false plaint
thereupon, and iluu the said Thomas Hebb may goe thereof without
day. And that the said Thomas Hebb Recover against the said Hugh
Reynolds the sume of seaven hundred sixty nine pounds of Tobacco
for his Costs and charges by him about his defence in this behalfe
Laid out and Expended And the said Thomas may have thereof
Execucon
|
|