Volume 748, Page 202 View pdf image |
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(202 to Receive the same out of the Publique Leavie in Talbott of Coll Vincent Lowe high sheriffe of the same County w.ch Noate boare date the 28.th day of october 1677 and the said Deery gave him a receipt for the same & a discharge against the said bond of 57760.ℓ of Tobacco w.ch ought to bee delivered up to the deft to be Cancelled and Yet the Comp.lt to Ruine the defts Creditt had given out the same was still due as by the bill was sett forth and would not deliver the same up to him and for w.ch the defend.t must seeke his Remedy as hee shall bee advised and the said Defend.t sayd hee Knew not what shipp the Comp.lt hyred when hee sett sayle when hee arrived att Waterford or that hee purchased y.e said goods or that hee was ready to sayle as in the bill but that the Comp.lt as the deft had heard stayed longer then hee Needed to get sarvants in Ireland and might have Come in soover if hee had pleased And of the bond bee thereby forfeited as true it is It was through his owne default Yet if hee had failed in the day by winde and weather the deft would not have taken any advantage of the forfeiture of the Comp.lt after his arrivall had delivered the goods when demanded according to the Condition of the said bond w.ch hee absolutely refused and soe wilfully broke his bond and the Defend.t denyed that his losse by fire or any other the p.rtences in the bill menconed caused his Credito.rs to sue him or Rendered him incapable of paying his debts but the Comp.lt not paying the 13762 pounds of Tobacco w.ch was promised to bee paid to Williams & Harper was the Cause of theire sueing the defendf.t sayed hee had heard Deery say all the debts the Comp.lt left with him would scarce bee sufficient to pay a debt the Comp.lt owed him being thirty three thousand pounds of Tobacco or thereaboutes That the deft in full for his said bond of 57760 pounds of tobacco According to the Condition paid Derry 15120.ℓ Tobacco as aforesaid and Deery might have received the same if demanded And the same being a Noate out of the publique and assigned to Deery for Quigleys use and by him accepted the propty was altered and Deery discharged the said bond That it may bee true Derry might Charge a Noate on Collon.ll Lowe to pay Matthewes Tenn thousand pounds of Tobacco w.ch Collon.ll Lowe was ready to pay but before the same was Demanded Derry dyed and soe Collon.ll Lowe Could not bee discharged from the same without Deery and hee Kept the same in his hands till the Comp.lt Came in as the Defend.t had heard and since the Comp.lt Came hee hath or might have received the same That the deft hath heard that Matthewes debt was three yeares due and hee had (the |
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Volume 748, Page 202 View pdf image |
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