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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 37   View pdf image
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1672                                          37

       and his Partners great Damage  Therefore that the Defend.t might Come to a Just & true
       Account for the produce of the said wynes and make sattisfaccon to the Complt for the
       produce therof with Damages for dead Freight and other unjust deteyneing the same
       and that the Defend.t might upon his Oath true Answer make to all & singular the
       p.rmisses and that the Complt Might be Releived therein According to Equity he humbly
       Craved the favorable Ayd & Assistance of this Hon.rable Court and that processe of
       Subpeanæ might be thereout Awarded to Appeare in the said Court and Answer
       the p.rmisses The which being graunted and the said Defend.t therwith all served
       He appeared Accordingly  And putts in his Answer to the said Bill  And thereby
       did sett forth that the said Ketch Comeing to Anchor in Yorke Riv.r in Virginia
       The master thereof Boone did Invite the Defend.t on board and desires the
       Defend.t to Pilot him up Potomack Riv.r the defend.t refuseing to goe to Patuxent
       which he did and Boone paid him for the same  And Comeing to an Anchor
       neare S.t Georges Island in Maryland The Complt Received Advice that One Raymond
       Stapleford had a Judgem.t against him which made the Complt unwilling to goe
       to Patuxent  But he Came and Agreed with this Defend.t to Receive & sell
       the said wynes which he pretended was in partnership betweene him & Nethway
       And then gave the Defend.t A power to that Effect with promise to Allow
       him seaven and a halfe p Cento for sale & selleradge and Assisting to Recov.r
       Debts  And further to allow unto the Defend.t all other necessary Charge w.ch
       he should be at about the said wynes  And the next day Following the plt
       had Advice from some m.rchants and planters that there were Certeyne psons
       Coming to Call him to Account for some Bayles of Silke Carryed by the plt
       from New England to Bilboa in Spayne so that he the said plt gave this
       Defend.t Another Order writt with his owne hand to this Effort (vizt)
       Cap.t Neale M.r John Nethway of Fyall hath Shipped on Board in the Hopewell
       of London Andrew Boone Master Twenty Tonns of Fyall wynes in pipes
       Barrells & Hogsheads as by the bill of Ladeing you may see who Consigned them
       to mee but verbally Gave me order to Deliver them to you if you were Liveing Which
       I desire you to accept and make the Retornes according to M.r Nethwayes order &
       advice which I herewith give you  And therewith the Complt gave thy defend.t
       Instruccons writt with the hand of the said M.r Nethway but directed to the plt
       wherein he advised the said plt that he shipped aboard the said wynes Ketch
       the wyne afforesaid and that he had disbursed for the whole Charge of the said
       wynes as also Two hundred Eighty six millrays which he Lent the Complt to
       repayre his shipp Providence which he must pay to Nethway with Ten p Cent
       p ann till the money was Repaid according to the Custome of Fyall
       which Two pages the defend.t said were Lost or unjustly taken from this
       Defend.t Togeather with a Lre and a Bill wherein the Complt stood
       Indebted to a Dutchman in Delaware in a Quantity of Tobaccoe


 
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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 37   View pdf image
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