Volume 557, Page 145 View pdf image (33K) |
145 Upon w.ch a Jury was ordered to be Empanelled & a Uenery to the Sheriff w.ch was Imedially done & return thereof made Ser.t
After y.e Jury being called & sworn untill y.e holy Evangelist to try the Issue joyned as before The plantife by himself did declare to the court and Jury y.t the first article in the Defendts acc.o being fiften thousand Nine hundred & Sixty pounds of tobaccoe was not in the acc.o when the s.d acc.o was signed by the plantife but sumtime after the s.d sume was put into the s.d acc.o by the Defend.t and the s.d plantife saith he hath given creditt & payd three thousand pds of the s.d tobaccoe in the s.d article menconed unto one William Rawles, who as the plantife declares was Jointly concernd w.th the s.d Defend.t in fiften thousand pounds of the s.d tobaccoe in the s.d article soe y.t he is not obleidged to pay the s.d tobaccoe againe to the deft but Saith he is ready & willing to allow the remaining part of the s.d article to be discounted w.th the rest of the Defend.ts acc.tt out of the plantifs account before menconed The Defend.t by himself saith y.t the whole sume in the s.d Article is properly the Defts right and not any pt thereof doth belong to the s.d Rawles as the plantife doth declare After severall other pleadings by the plantife & defend.t The Jury haveing received there charge goe from the Boxr and after Sume time return and being called to deliver there verdict Doe say Wee of the Jury find for the plantife three thousand five hundred & Three pounds of tobaccoe being the ballance of the plantifs acc.tt due from the Defend.t & cost of sute & soe wee say all John Lane foreman |
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Volume 557, Page 145 View pdf image (33K) |
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