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(205) to Cansell the same as by the bill was p.rtended but sayd the Comp.lt did not deliver the goods a shoare nor was in a Capacity to doe the same or durst put the same a shoare here for that as the deft had heard the Comp.lt lay many dayes in harbour w.thin the Jurisdiccon of the Province and made noe Entry of Contrary to Act of Parliament and soe had forfeited the said Shipp & that hee had alsoe heard the Comp.lt had brought in Counterbound goods as wines and other things from Ireland and soe durst not breake bulk here or stay for feare of seizure by his Majestyes officers here in further wilfull breach of the said bond and soe Went away and sayled up Petomack to Virginia and there Entred and there disposed of the said Defend.ts goods And Whereas the Comp.lts p.rtended himself damnified by haveing the Provisions turned on his hands The deft sayd that was false for hee wanted Provisions for the supply of his servants brought in And the deft sayd that the Comp.lt did bring in the goods hee by his bond had Condiconed to bring in neither for quantity or quallity and hee beleived the Comp.lt Could not procure the same with his owne Money or Else hee never would have Countermaded Deery by L.re from Receiveing Tobacco of the Defend.t as aforesaid And pticularly the Deft sayd the Mault by him brought in was very much damnified & was not Marchantable And therefore the said Comp.lt haveing soe many waies wilfully broken the said bond the deft say true it was hee Caused the same to bee put in suite for Recovery of his Damages in not Delivery of the goods aforesaid and the deft denyed there was every any finall End as by bill was alleadged and hee believed it to bee true the Comp.lt Could never prove a tend.r of the said goods to the Deft for hee never did make any Tend.r of the same and the Deft denyed hee wanted store roome to lay the said goods in for that hee had hyred a house of Marke Cordea at 500.ℓ of tobacco p ann and other worke to bee done about that house on purpose to set up a Brewhouse Depending absolutely on the Receiveing the said goods And the deft absolutely denyed hee did any wayes Release the Comp.lt of his bond or Contract about the provisions aforesaid Nor did the Comp.lt Ever aske the deft if hee would have the goods putt a shoare for if the the Comp.lt had put the same a shoare according to the bond the def.t was then ready and able to pay for the same And the def.t further sayd hee was damnified by the makeing the said bargaine and for the want of the said goods more then the penalty of the said bond for depending on the said goods hee Intended to followe the trade of a Brewer and Left of the Trade of Ordinary Keeping being very benificiall to him and Lett his house to Deery and Deery not being able to maintaine the same as to ordinary (Keeping |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 205 View pdf image |
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