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1672 And the Defend.t Confessed the account given to the plt was not a perfect account The defend.t then being Sicke and could not Attend the pusall of his papers but is now willing to Give this Court a more perfect accompt which he did Annex to his answer and saith his owne Sloope was Hyred out a Fortnight which he charges but at seaven hundred pownds of Tobacco p moneth and he never had lesse then Eight hundred pownds of Tob p month And that he did Hyre Coopers and Provide new Casque Denyes he sold any wynes at under Rates or for lesse then he had sufficient Order and without any Private Interest to himselfe Denyes his servants with his privity did make use of the key of the stone to drinke the wynes but he finding the Locke Injured put on a new one and build a new Roome to preserve the wyne and put one to Lye there to secure the wynes sayes he sold but five barrells to Browneing and not Fourteene as in the bill is falcely Alleadged which was part of the Fourteene Barrells the Defend.t tooke to his perticuler Account As for the Twelve Gallons sold to Measure and the Rest they were all Charged to the account sold to Samuell Groome Denyes he Reserved to himselfe any wynes not Charged to account which was not allowed in the account after the last of July save onely a small parcell which he had in his Coller for the entertayneing the plt and others that came to buy wyne Thereby to Avoyd trusting a serv.t into the wyne house In the tyme this Defend.t was at meate Denyes he ever received any order not to sold the wyne und.r Two Thowsand five hundred pownds of Tobacco & pipe But sold the same according to the best of his skill and Followed the plts order who was glad to have them sold upon any Condicon they beeing poore small wynes and apt to fade being Rackt Knowes nothing of any dead Fraight due but if any the plt ought to pay the same the Defend.t haveing delivered Bills to the plt for Twenty Two Thowsand seaven hundred & Eighteene pounds of Tob being part of the produce of the said wynes Denyes he Converted any of the Tobacco Reced to his owne use Denyes also that ever he denyed to shipp what he Received but did shipp the same as the same was received as by Account appeares saith he heareing the plt was Intended to deprive M.r Nethway of the produce of the said wynes and to goe for Holland he refused to deliver him the Bills unrecov.red as it was Lawfull for him to doe he being intrusted by Nethway as afforesaid But is Ready to deliver the same into this Court or give security to have the same forthcomeing if the Complt would give security for the Twenty Two Thowsand seaven hundred & Eighteene pownds of Tobacco Delivered to him in bills as aforesd Being the prop Estate of M.r Nethway and not any wayes beLonging to y.e Complt Their being noe other Course taken for the security of M.r Nethwayes Disbursm.ts for the said wynes & his Two hundred Eighty six millrayes with Ten p Cent as afforesaid which was to be sattisfied out of |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 38 View pdf image |
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