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(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.ℓ of tob & that y.e s.d Bearcroft hath Deducted out for his Com.con & storage and other Charges the sum of 10712.ℓ of tob see y.t y.e Near pceed thereof when y.e Effects should be rend amounted to 91533.ℓ 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.ℓ 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.ℓ 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.ℓof 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.ℓ & 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.ℓ 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.ℓ 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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