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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 201   View pdf image
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(201)

       the said Comp.lt told the def.t that hee did not sell for p.rsent pay but that hee
       would Lett him have the wine for the next yeare pay at Two thousand
       pounds of Tobacco p pipe and brandy att forty p gall  And then faithfully
       promised to pay the said sume of Thirtee thousand seaven hundred sixty &
       two pounds of Tobacco to the said Graham and Harp the defts Credito.rs as
       aforesaid on those Considerations and the deft relyeing on the said
       Comp.lt as much wine and brandy w.ch at the rate aforesaid and next
       yeare pay Came to the sume of Twenty Eight thousand Eight hundred
       and Eighty pounds of Tobacco for wch the Deft gave him his bond
       of the penalty of Fifty seaven thousand seaven hundred and sixty
       pounds of Tobacco Condiconed to pay the said Twenty Eight thousand
       Eight hundred and Eighty pounds of Tobacco upon the tenth day of
       November Annoq Domini 1677 and soe the deft was not at that time
       or the time of the Contract for the Provisions aforesaid one pound D.r
       to the said Comp.lt p.rsent pay as the Comp.lt p.rtended but on the contrary
       the Comp.lt d.r to him the said deft the said sume of 13762.ℓ of tobacco
       as aforesaid w.ch if the Comp.lt had paid according to the pmise to the
       use of the said Williams and Williamson as aforesaid the deft had
       not received any detriment in his Credit nor should have been sued &
       put to charge for the said debts as afterwards through that occasion
       hee was  That the Comp.lt being just above goeing for England the deft
       Minded him of his pmise and desired him to pay the said Thirteene
       thousand seaven hundred sixty two pounds of tobacco as aforesaid but hee
       then told the deft that hee Could not then pay the same haveing shipt
       all his Tobacco in the shipp hee was to goe in and soe the deft being like
       to goe w.thout his Ready pay aforesaid Was necessitated before hand to
       Discount the same in part of the said Twenty Eight thousand Eight
       hundred and Eight pounds of tobacco payable for the wines & brandy
       the next yeares pay to the defts greate dammage and was Constrayned to
       take the Comp.lts receipt dated the three and twentyeth day of June 1677 in pt
       of his said bond and to give him a release for his said debt of all w.ch
       the deft humbly prayed the Consideracon of the Court as to that manner of
       pay when at next yeares pay wine was at two thousand pounds of Tobacco
       p pipe and p.rsent pay but 1200 or 1400 pounds of tobacco at the most
       p pipe wch Comes to above Eight or Nine thousand pounds of Tobacco
       in the whole sume  And the said Deft denyed the Comp.lts falce allegacon
       that hee was att the time of the Comp.lts bill Exhibiting indebted to the Comp.lt
       the said sume of Twenty eight thousand Eight hundred and Eighty
       pounds of Tobacco or one pound thereof due by the bond aforesaid
       but the same was all payd by the 13762 pounds of tobacco as aforesaid
       and by a Noate for 15120 pounds of tobacco residue of y.e said sume given
       to M.r John Deery the Comp.lts Attorney according to the Comp.lts agreement
                                                                                                                   to


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 201   View pdf image
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