Volume 740, Page 218 View pdf image |
And the Said Deft: bÿ Michael Earle his attorneÿ Comes & Defends ye form and Injurÿ &ca: and Saÿeth for ye manÿfold uncertainties & Insufficiencÿes in the pltfs Decln: & the acct thereunto añexed he ye Said Defendt: is not bound neither bÿ the Law of ye Land is he obliedged to answer thereunto all wch: he is ~ readÿ to aver, therefore for want of a good & Sufficient Decln & a particular acct thereunto annexed he ye Said Defendt praÿs Judgmt &ca; Earle pr Defce; First reason in Demurr the pltf in the begñing of Said Decln alledgeth that att ye Instance & request of ye Said Defdt: he Sold & Delivered unto ye Said Defendt: ~ Devrs: goods warres & merchantdizes amõunting to ye Sum of one thousand Eight hundrd ninetÿ & nine pounds pds of Pork:, tobo, or other Comodÿ ye aforesd Goods were Sold for & amõunting &ca which is great uncertÿe ~ Second reasn The pltf in his aforseaid acct upon which his Decln is Grounded Chargeth the the Deft. onelÿ wth goods Sold & Delivered in ye year 1700 & 1701 is amanifest variance/ Third reasn/ The pltf in one of ye articles of ye Same acct Chargeth the Defendt: wth: Sundrÿ Goods Sold him to ye value of three hundred ninetÿ & one pounds of tobo but Doth not Insert what ye Goods were nor ye prticulars thereof ~ being onelÿ an article in Grosse So brieflÿ exprest yt ye Defendt knoweth not how to answer thereunto &ca for wch reasons the Said Defendt praÿs as afsd And now here this twentÿ fourth daÿ of August ano Dni 1703 ye pleadings and allegations | on both Sides ) being | heard, understood & maturelÿ Delibe: rated ) bÿ ye Court, It is bÿ them the allegations on the Defendts: behalfe is Insufficient, & not to be allowed of in ye Law, there fore It is bÿ them Considered that ye Said plantife Doe recover | of the Said Defendt ) as well ye Sum of Eight hundred & Sixty pounds of tobo residue of the Debt aforesd: as |
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Volume 740, Page 218 View pdf image |
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