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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 208   View pdf image
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                                                                                                                (209

       Defend.t was Debt.r to him by bond Fifty or sixty thousand pounds of Tob
       and that hee the Comp.lt had brought in seaverall Goods for y.e deft but
       hee would not let him have them till hee had payd the old score & y.e
       Comp.lt then sayd on board his shipp that hee Could have double the
       Tobacco and p.rsent pay for the said goods more than the def.t was to
       give him for them and the def.t by his answere sweareing hee was
       damnified more than the penalty of the said bond that the deft had
       Reserved Tobacco in theire hands for the satisfaccon of the said def.ts
       Bond for the said provisions of most of w.ch hee had made noe use
       that yeare and the Comp.lt insisting on the defts discharge of y.e said
       bond by the finall agreement in the bill mentioned w.ch amounted to a
       Verball Release  This Court thereupon and upon Readeing of y.e
       depositions of George Thompson touching the said supposed discharge
       and the other depositions for the Comp.lt and def.ts Declared that the s.d
       Discourse w.ch passed betweene the Comp.lt and def.t and proved by y.e
       said M.r Thompson were not sufficient on w.ch the Court could give
       the Comp.lt any release upon his bill aforesaid to barr the deft from
       his accon at Lawe upon the said bond for the breach thereof and that
       the Comp.lt might there trye the Vallidity thereof of the release and
       discharge of the said bond  And the Court did declare that the Comp.lt
       ought to have delivered the said goods on shoare to the deft before hee
       Could have pay for the same and that in Case of the defend.ts refusall
       to pay for the same hee had good Remedy att Lawe upon his bond of
       forty three thousand one hundred pounds of Tobacco against the said deft
       and that the said deft for ought appeared to the Contrary to this Court
       was then of a good and sufficient Creditt to have payd for the said goods
       if delivered (besides the debt the said debt due from the Comp.lt to the
       said Deery to whome the said deft was adm.r) and that the said Comp.lt
       had Voluntarily and Wilfully broke the said bond of forty three thousand
       one hundred pounds of Tobacco in not delivering the goods aforesaid and
       soe left the said Comp.lt and Deft to the Common Lawe Upon the said
       bond and there the Comp.lt and to defend himself as to his supposed release
       and discharge and to the defts Damnifications as hee Could
       And therefore ordered the Injunction formerly granted in the Cause
       should bee disolved and soe noe Collo.r or Reason in Equity to releive
       the Comp.lt  Itt is therefore the present day that is to say on
       Fryday the fourteenth day of May in the yeare of our Lord 1680
                                                                                                    (&


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 208   View pdf image
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