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(222) 232 plead deliver seizin confess Judgem.t or acknowledge satisfaccon or to due such other Act to which by his Letter of Attorny or Warrant he is especially Impowered for want of which averment of the said Thomas Abington to be the Servant Factor or Apprentice of the said Defend.t to buy sell trade barter or merchandize The Declaracon is Insufficient to charge the Def.t w.th the matter therein Contained & upon w.ch noe Judgem.t according to law cann bee given against the Def.t Secondly It is not sett forth in the said Declaracon That the said Thomas Abington att any time before or how long he had used to buy sell barter Comerce or deale for or in the name of the said Defend.t nor whether with the Estate or property of the said Def.t without w.ch the said Def.t ought not to be charged with the matter therein Contained nor any Judgem.t for the same against him entred Thirdly It is not sett forth in the said Declaracon That the said Thomas Abington did promise & Assume in the name and on the behalfe of the said John Abington or that he used the name of the said John in the said bargaine But that the said Thomas Trueman att the speciall instance and request of the said Thomas Abington he did deliver our Pereiwigg &c by all w.ch words the Def.t is not to be charged therewith Therefore noe Judgem.t &c Fourthly It is not sett forth in the said Declaracon That the goods therein menconed to be sold over came to the use of the said Def.t or that over the said Def.t did Assent or agree to it or that the said goods were any ways necessary for the said Def.t Without w.ch the said Def.t (by law) cannot be Charged therewith Neither that Judgem.t ought to be given against him for the same Fifthly The said Declaracon is uncertaine & insufficient in this That there is noe speciall demand sett forth in the said Declaracon w.thin this Case ought to have been done w.ch day Month & yeare expressly for the Def.t to have taken issue upon without w.ch the said Deft cannot be intended to make paym.t haveing knowledge of the same Whereupon alsoe he sayth that Noe Judgem.t ought to be Given against him Sixthly The Declaracon aforesaid is uncertaine & insufficient in this that there is not any matter of Fact in the same sett forth for the Deft to plead or take issue upon as in all Declaracons of Trespas upon the Case there ought to be and without w.ch they are insufficient in law to ground any Judgem.t upon Seaventhly Itt doth not appear by any Deed letter of Attorny or any other Instrum.t in writeing under the hand & seale of the said Defend.t That the said Defend.t Did Constitute and appoint the said Thomas Abington in the yeare of our Lord God One thousand Six hundred Seaventy Eight to buy sell & Act &c w.ch ought to be proved without w.ch it cannot be any ways binding to the said Def.t to make him chargeable w.th the said Agreem.t Between the said Trueman & the said Thomas Abington Neither any way sufficient in law to ground Judgem.t upon Lastly It is not sett forth in the said Declaracon that the goods therein said to be sold are worth soe much as they are there appraized And therefore may be well intended that the agreem.t between the said Trueman & the said Thomas Abington was a fraudulent Agreem.t to imbezell the goods of the said Defendant |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 232 View pdf image |
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