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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 342   View pdf image
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342)                                                                                             (342

       appeared accordingly & put in their answer to y.e s.d Bill & therein
       say that it might be true y.t y.e Comp.lt Did in trust y.e s.d Bearcroft
       w.th the s.d Cargoe & that he made sale thereof in this province
       because they find amongst the s.d Bearcrofts Booke of Acco.t a
       Booke of Sales of goods upon y.e Comp.lts account recd from him in
       the Ship Ann of London March y.e 26.th 1677 by w.ch booke ready to
       be produced in Court they find severall psons Charged w.th sev.rall
       goods amounting in the whole to y.e sume of 102245. of tob
       & that y.e s.d Bearcroft hath Deducted out for his Com.con & storage
       and other Charges the sum of 10712. of tob see y.t y.e Near pceed
       thereof when y.e Effects should be rend amounted to 91533. of tob
       out of w.ch y.e Defts found by y.e Account current at y.e End of the
       Booke & severall Bills of Lading y.t y.e s.d Bearcroft had at
       severall times shipped & Consigned to y.e Comp.lt one hundred &
       four hhds of tobacco the Contents whereof together w.th some small
       Articles of insolvent Debts then found to be soe amounted to the
       sum of 49233. of tob soe that the Defts pceive that at the time
       of stateing the s.d acco.t w.ch appeared to be the 25.th of Aprill 1687
       there was Due to the Comp.lt when Debts rend y.e quantity of 42390.
       of tobacco  And y.e Defts further say y.t puseing y.e s.d Bearcrofts
       Bookes afd they found y.e severall psons menconed in y.e s.d booke of
       sales had not pd w.th they owed as by a pticular ready in Court to be
       produced amounting to the sum of 12556.of tob w.ch y.e Def.ts were
       advised their Testator in his life time or they his Ex.rs were not
       accountable for being Contracted by the s.d Bearcroft as Factor
       for the Comp.lt as appears by a Letter of the Comp.lt to the said
       Barecroft Dated in London 13.th of December 1676  And they
       further say.d that it appeared by the s.d Bearcrofts papers that
       in the Year 1687 he sent to y.e Comp.lt the Coppy of the s.d Booke
       of Sales & Account Currant & that he was not remiss in sending
       hence the Effects as fast as it Could be gathered  It is true the said
       Bearcroft acquainted the Def.ts that there was effects in his hands
       belonging to the Comp.lt & that he would have shipped y.e same if he
       had had any advice from y.e Comp.lt Nor Did the Defts ever Deny
       to satisfy to the Comp.lt or his ord.r what was Justly Due to him in y.e
       best Method the Estate was capable of raysing the same  That true
       it is one Lecount that that pretended to be the Comp.lts Attorney Did lately
       Demand & require of y.e Defts for y.e use of the Comp.lt 400. & od sterl
       w.thout shewing his authority only a Letter from y.e Comp.lt to y.e Defts
       wherein he acquainted them that he had empowered Lecount by Let.r of
       Attorney & that true it is the Defts Did refuse to pay the s.d 400. sterl and
       thereupon the defts as Ex.rs were sued in the prov.ll Co.rt in an accon
       of Account upon w.ch they obtained a Nonsuite  That as to the
       Reall & right ^Just^ ballance of Account being (besides y.e Debts yet standing
       out) 29744. of tob the Defts did never gain say to pay as fast as y.e
                                                                                                    same


 
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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 342   View pdf image
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