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Chancery Court, Chancery Record, 1671-1712
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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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 202   View pdf image
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