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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Volume 748, Page 201 View pdf image |
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