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(189) Rate the Complt sould to others w.ch the Complt promised to doe and soe the Complt and Deft Came to a Certaine End about the said bargaine though much to the losse of the said Complt to have such a great quantity of Provisions Turned on the Comp.lts hands at that time of the yeare Yet the Comp.lt Considering the defts Condicon and the Greate debt hee owed the Comp.lt was willing to discharge him of the said bargaine and the Def.t declared the like and would have delivered up to the Complt the said Comp.lts bond for the said Provisions if the said Comp.lt would have delivered up the the deft his bond for payment of the said Twenty five thousand seaven hundred and fifty pounds of Tobacco w.ch the Comp.lt was Ready to doe onely that the defts said bond was Lockt up in the said Chest of w.ch Dermott had the Keys and soe Could not then deliver up the same & soe they Came to that Certaine agreem.t to deliver up each to other the said bonds when the Complt got posession of his Papers That shortly after the Complt went up w.th his shipp to Patomack and Carryed his said Provisions w.th him and resolved to have sent him the goods hee the deft had bespoke Notwithstanding the greate debt the deft owed him Yet notw.thstanding the finall end and agreem.t aforesaid the Deft sued the Compl.t at the Provinciall Court and Intended to get Judgm.t upon the said bond of forty three thousand one hundred pounds of Tobacco for the Provisions aforesaid Contrary to Equity and the Complt further alleadged that the deft had not beene out one farthing for the purchase of the said Provisions, and his houseing being buried had noe place to put them in should the Complt have Compelled the said deft to take the sd provisions w.ch the Complt beleived next his want of Tobacco to pay the Complt of the said bargaine Therefore and for that the Complt Could not make such due proofe of the said goods and Provisions being Tendered to the said deft according to the Condicon of the said bond as the strictness of the Common Lawe Required being hee was hindered by winde & weather and the accidents aforesaid Nor Could hee make such due proofe of the Comp.lts and defend.ts Releaseing one another as the Comon Lawe likewise required the Witnesses to prove the same being gone to New England or Else where out of the Jurisdiccon of this Province Nor Could hee bee Releived against the said bond then in Equity where hee hoped by the Defts Confession by answere upon oath and w.th what hee Could pse would serve for the Comp.lts Release and to ground a Decree for him touching the p.rmisses That the Deft might in his answere set forth whether the Comp.lt did not acquaint him w.th his bringing the said goods at his arrivall and that hee was ready to deliver and put a shoare the same and Whether the Comp.lt did not aske him if hee would have the same put ashoare and if the said deft Could have paid for the same according to bargaine aforesaid And if the said Garrat did not tell him that hee Could not pay for them at that time And whether the said deft did not desire the Comp.lt to sell them to any else spareing him some small matter |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 189 View pdf image |
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