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(207) matter being as full and pfect issue divers Witnesses were Examined in the said Cause and theire Depositions duely published according to the Antient and accustomed rules of this Court As by the said bill answere Replication Examination of witnesses and other proceedings thereupon had all of them Remaining of Record in the hono.ble Court more fully and at large the same doe and may appeare And the said Cause soe standing att issue Ready for a hearing A day was by this Court appointed for hearing thereof On which day being the fourteenth day of May in the yeare of our Lord One thousand six hundred and Eighty upon the hearing and debateing of the matter in question betweene the said partÿes in the p.rsence of Rob.t Ridgely gentl Attorney for the said Compl.t and Robert Carvile gentl Attorney for the said Deft in this Cause The scope of the Comp.lts bill and the def.ts answere appeared to bee as is before sett forth and Recited Whereupon and upon Readeing of the said Comp.lts bee wherein it appeared the Complt had Charged the said def.t to be d.r to him upon bond 57760.ℓ Tobacco for paym.t of the said sumes of 28880.ℓ Tobacco and that y.e same then Remained unpayd and for that reason and for that the def.t was much indebted to other psons and by Reason of his losse by Fyne was in a Lowe Condition and soe the Comp.lt would not deliver the said goods a shoare before hee received the Tobacco for the same or Knew how or where hee should bee payd y.e same and further for that the def.t being not able to pay for the said goods and haveing noe place to lay the same goods in hee had by a Verball Release discharged the said bond entred into for the said Provisions and soe they had Come to a finall end touching the same & for that the deft had not beene anything damnified or out of purse touching the purchase of the said Provisions And therefore upon the whole matter hee had prayed Release against the accon att Lawe brought upon the said bond And upon Readeing of the def.ts Answere wherein hee had set forth that hee was not one Pound D.r to the Comp.lt upon the said Bond of 57960 pounds of Tobacco and It soe appeareing to this Court by Two Receipts und.r the hands and seales of the said John Quigley Comp.lt and John Deery his Attorney now produced in Court that the said bond was long before the bill Exhibited fully payd and satisfied and soe that Allegation of the said Quigley vaine false and frivolous and It appeareing to the Court by the Deposition of Gilbert Turbervile that the Comp.lt had sayd in the hearing of seaverall psons that the (Def.t |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 207 View pdf image |
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