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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 36   View pdf image
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36                                                   1672

       Seaven and a halfe p Cent.o  That the Defend.t haveing made sale of all the said
       Wynes and being called to an Account by the Complt for the same had Rendred
       an Imperfect Account which ought to have beene Rectifyed in that he had put in
       an excessive Rate for the hyre of Sloopes and men which he never hyred either,
       As also for Cooper to mend the Casque when there was not Occassion,  And sold
       sev.rall of the said wynes for Two Thowsand pounds of Tobacco & Pipe when the
       Complt with the privity of the Defend.t had Agreed with the same psons for
       Two Thowsand Five hundred pounds of Tobacco & pipe whereby the said Complt
       and partner were Damnyfied Three Thowsand pownds of Tobacco at least
       And the Defend.t hath also Ommitted out of his Account Six barrells of wyne
       which was Stollen or drunck by his Servants who had the Key of the store
       which at foure hundred pownds of Tobacco p barrell Come to Two Thowsand
       foure hundred pownds of Tobacco besides he had Omitted these sumes and
       quantityes Following (vizt) Sold unto John Browneing Fourteene barrells
       of wyne for Seaven Thowsand pownds of Tobacco  To M.r Measure One
       gallon To M.r Chaffe Two gallons To John Charles Two gallons To
       Matewood six gallons To Arthur Thomson one gallon in all Twelve
       gallons which amounted to the sume of Two hundred & Fortye pownds of
       Tobacco for all which e ought to have Accounted and ought to be allowed
       to the Complt and his Coepartner besides foure Barrells he had spent
       for his owne Family drinkeing which comes to Two Thowsand pounds of Tob
       As also the Complt and his partner are Damnifyed Foure Thowsand Eight hundred
       seaventy and five pownds of Tobacco in that the Defend.t had Contrary to the
       Complts order which he was to follow sold Thirty nyne Barrells more then
       the first Pypes for Two Thowsand pownds of Tob & pipe when he might
       and had order not to sell the same under Five & Twenty hundred pownds of Tobacco  And
       the Complt Further shewed that the said M.r Nethway did give order To M.r William
       Taylor of Boston in New England to send into this Province vessells to take in the
       Tobaccoes which was the produce of the said wynes  And Accordingly the said
       Willm Taylor did take freight upon the Endeavor of Boston whereof was Master
       Samuel Legg for Fifty Hogsheads of Tobacco at Twenty shillings p Hogshd
       and although the Complt did give order to the Defend.t to Lade the said quantity
       of Fifty hogshds of Tobacco and that the said Defend.t had in his hand reced
       of the produce of the said wynes more by much then would Answer the said
       Freight yet the Defend.t did Lade noe more then Thirteene Hogsheads of Tob
       and seaven Barrells of Porke wherby the Complt and his Coepartner were
       Damnifyed the sume of Thirty five pownds in money which the Defend.t
       ought in Equity to make good  And the Defend.t Refused to let the Complt
       have the Remaynder of the produce of the said wynes or the Bills taken
       for the same that he might Endevor the recov.ry thereof to the Complt


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 36   View pdf image
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