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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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| Volume 748, Page 37 View pdf image |
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.