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(203) the Comp.lt not because the said Coll Lowe did not pay the Tenn thousand pounds of Tobacco but because the Comp.lt Kept the said Matthewes servants two or three Monethes w.th him up the bay when they Came to Receive the Tobacco sayleing his sloope and spent Foure thousand pounds of Tobacco and Runs away till taken up by a warrant from the hono.ble the Chancello.r and yet the Comp.lt payd them not one pound of Tobacco sayed that Deery did not receive any of the Tobacco due on the said bond for y.e Provisions because the same was not payable the tenth of october but when the Provisions Came in and were delivered But the defend.t Confideing in the Comp.lts promisses that hee would send in the Malt from London for the more speedy Enableing the Deft to set up his Brewhouse The deft offered M.r Derry to pay him part of the 25750 pounds of Tobacco at the then next Cropp out of the Tobacco to bee allowed him out of the publique w.th w.ch the Defend.ts offer Deery by Letters sent to England and acquainted the Comp.lt and the Comp.lt by his Letters sent in in answere thereunto (w.ch the Deft had seene) ordered Deery not to Receive one pound till the pvisions came in That Deery dyeing Intestate the second of December 1677 indebted to the Deft for rent for the house the Deft Leased to him and for other Tobaccoe Lent and laid out for him and goods sold him and otherwise the sume of Twenty foure Thousand pounds of tobacco The def.t as princip.ll Credito.rs Administred his Estate but the Def.t did not meddle w.th any of the Comp.lts papers for they were secured by the Judge for probate of wills and granting Administracons in a Chest Locked in the Defend.ts house and one Dermott Kept the Key for the Comp.lts use by the Judge ord.r and hee the said Dermott had Recourse to the same when hee pleased and the Defend.t Never Detained the same Longer then till hee Could get a receipt for the same w.ch hee had reason to doe haveing received greate damage formerly by trusting to the Comp.lts honesty in such Cases That true it was the Comp.lt in may 1678 Came to the Defend.ts house and acquainted him that hee had brought in the Provisions and was ready to deliver the same according to the Bond Provided the Def.t would pay for the same y.e Tobacco according to the bond and desired to Know of the Defend.t where and when hee might have his pay for the said goods The def.t then told the Comp.lt that hee had not pformed his bond as to the time by two Monthes but the Comp.lt would not deliver the goods till hee Knew where to bee payd his Tobacco The deft sayd to him what Tobacco Can you Expect at the time of y.e Yeare or words to that effect but did not Remember y.t hee said hee had noe Tobacco left True the Comp.lts sayed if hee deliv.rd the goods hee Expected ready tobacco to pay for the same The Deft (denyed |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 203 View pdf image |
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