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John haveing Converted the said goods to his owne proper
use and not according to the Directions of him the said Allexandr:
whereunto he the said John did oblidge himselfe wherefore he
the said Allexander saith that he is Damnified and hath Damadge
to the vallue of five hundred pounds of the Like flower as also one
hundred pounds & eighty pounds of the Like Candles & therefore
bringeth his Sute ; / ~ ~ ~ ~ ~ ~ ~
This ffollowing note was read
I John Avery Doe acknowledge to have recd: of Allexander Draper
one barrell of flower and one Chest of Candles All which I Shall
Dispose off for the use of Allexander abovesaid According to his
Direccon And for the performance hereof I binde my Selfe my
heires or assignes by these presents the Danger of the Seas excepted
as wittnes my hand this 12th: day of ffebruary 1672 ~ ~ ~
John Avery
The Deft: John Avery ownes his hand
The Deposicon of Walter Lane aged twenty fower yeares or there
abouts beeing sworne and examined saith ~ ~ ~ ~
That there was a barrell of fflower marked A D belonging to
Allexander Draper of this County of Sommersett transported in the
sloop prosperous of the County of Somersett aforesd: whereof was Master
mr: John Avery to the Island of Barbadoes wch: barrell of flower was
not Disposed off in the aforesaid Island but kept on board by the
aforesaid Avery for the Sloopes provision and further saith not.
Walter Lane
The deft: John Avery being sworne saith That they made
use of some for the owner's but shipped the effects for ye
plt: Allexander Draper ; / ;
The Deft: Craves A nonSute; Order for A nonSute.
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