Volume 407, Page 37 View pdf image (33K) |
( 37 ) Michael Holland Plt. Somerset Ss // Contra John: Sayors otherwise Jno. Sawyers late of Somerset County John: Sayers Dft - - Master of the Jersey: Ketch was attached to answer unto And whereupon the plt by Samuel Alexander his Attorney Sayes That the said John: the 28th:day of September in the year of our Lord 1692 became indebted unto the said Michael in ye just and full Sum of One pound Sixteen Shillings Sterling as also eight Shillings Ster: being ye ballance of an [accot ] between the sd John & sd Michael. Since & from ye 26th of December last past & the Said John in manner & forme aforesd unto the said Michael being indebted, did upon himself assume & faithfully promise that to the sd Michael when he Should be thereunto required the same would Satisfie & pay. but he the Said John: his promise & assumption not regarding but fraudulently intending the said Michael to deceive, the Same to the Said Michael hath not paid but hath hitherto refused, & doth Still refuse to ye damage of the sd Michael of four pounds & 8 shill. Ster:and thereof he brings his Sute. Alexander pr. Quer / Pleg &ca. {Jno Doe Rich Roe } And the Dft by Peter Dent his Attorney Sayes he is not indebted to ye Plt as is averred & puts himself upon the Court. Dent. And the plt Saith that he is & puts himself on the Court also. Alexander
Mr Syers when yw & I reckoned yw reckoned me short eight Shillings which is due to me, & I desire yw to pay it to Hough: Oconner And place it to yr account of yr friend to Comand Michael Holland £ s d By what yw paid to me by a Bill to ye (Mast) of 03 – 10 – 00 eight Shillings for yr Quadrant - - - - - - - 00– 08 – 00 to Sanders what I owed him - - - - - - - - 00– 03 – 00 to five shillings I had of yw - - - - - - - - 00 – 05 – 00 04 =06 = 00 4 – 14 – 0 wages 4 – 6 – 0 – 8 – 0 Shillings } Errors Excepted by Michael: Holland. My wages Comes to 4 pound fourteen Shillins pr ord of all that George had - - - - - } £ Jno. Syers is debtor for three months & three dayes pay the voyage from England at yr shill (pr month ) 6–4 To a bed Rug & pillow at ye rate of ten shillings yt I lett yw have for one of your men. - - - - - 0-10
The whole due to me of this voyage - - - - - - - - - - - - - - - - - - - 6=14 whereof I have received - - - - - - - - - - - - - - - - - - - - - - - 6= 6 due to me of the voyage from England. - - - - - - - - - - - - - - - - - - 0= 8 Jno. Syers is Dr: for [2- ] dayes pay yt I served in England before we Sailed yw now not received - - Error Excepted by Michael: Holland
The prmisses Considered, The Court finds no cause of action. Awards a Non Sute wth. Cost alias executio
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Volume 407, Page 37 View pdf image (33K) |
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