Volume 748, Page 46 View pdf image |
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1673 To his Excellency Charles Calvert Esq Chief Judge in Equity and the Rest of the hono.ble Judges of the highe Co.rt of Chancery The humble peticion of Cap.t James Neale In most humble manner sheweth whereas this hono.ble high Co.rt of Chancery by order and Decree appointed yo.r peticioner to pay unto John Balley 44107.ℓ of Tob out of yo.r peticioners owne Estate in pformance of which ord.r yo.r peticioner hath already ordered and payd 43959.ℓ of Tobacco and is ready to satisfy and pay the Remaind.r which is 148.ℓ of Tob yo.r peticioner most humbly prayeth that this hono.ble Court will please to ord.r yo.r peticioner his Discharge ^for said sum as also^ & from all suites already Comenced by the said Balley against yo.r pet.r and for that pt w.ch is adjudged to belong to M.r John Nethway of Fyall Marchant that this hono.ble Co.rt will please to ord.r how to be Disposed of and that a power be given to yo.r pet.r to Recover the debts made in Nethways name And yo.r pet.r shall Ever pray &c Upon Reading the foregoing peticion of Cap.t James Neale in open Co.rt and the said John Balley being p.rsent it appeared that the said Balley had Received Only Thirty six thowsand foure hundred and fowerteene pounds of Tobacco of y.e said Neale w.ch said sume the said Balley Did acknowledge here to have Received at aforesayd and no more and it is by the Co.rt ordered and adjudged that Cap.t James Neale hath full power to sue any of the Debito.rs of John Nethway of Fiall Merchant whose bills he hath in his hands and that he may Recover the said Debts by virtue of his L.re of Attorney from Nethway accordingly At a high Co.rt of Chancery held in Charles County Co.rt house on y.e 26.th of June 1673 Present Cheefe Judge his Exclly Charles Calvert Esq William Calvert Esq Jesse Wharton Esq In a cause Depend.t wherein Henry Scarborought Comp.lt @ The hono.ble Chancelo.r his day appeared and was sworne to The hono.ble Philip Calvert Esq his answere in open Co.rt Tho Truman Esq & Mary his wife def.ts John Gittings Richard Pery At y.e same time appeared Thomas Truman and Mary his Margaret Perry & Mary Bateman wife and John Gittings and put in their plea and Desired y.e same might be allowed, but none appearing for y.e Comp.lt This Co.rt hath ordered the argueing of y.e same on y.e next Provincial Co.rt in November next Thomas Gannt being served with a subpena Recd this day appeared but finding no bill Exhibited ag.t him prayed Costs w.ch Referred also to y.e next Co.rt Per the apointm.t of his Exclly Testis Nicho Best Henry Beedle & Sophia his wife Executrix of the last will & Testam.t To his Excellency Charles Calvert esq Cap.t gen.ll of Richard Wells plt and Cheife Justice of Maryland George Wells Def.dt Sheweth The Humble Petition of the plt.s That your Pett.rs did in October Court last bring their accon against the defend.t to have him come to an account as receiv.r of the said Richard Wells in his life time for sev.rall goods to him sent and Consigned to him by the said Rich.d A.o 1668 by the hands of John Dunch Master of the Baltemore and for sev.rall servants sent in also at the same tyme which said goods and servants were all accordingly D.d by Dunch to the Defend.t or his order That the defend.t hath pleaded he was never receiv.d of the said Rich.d and the cause now stands at Issue whether the defend.t was receiv.r or not Receiv.r But for want of the Testimony of the said Dunch who is yo.r Principall Evidence to proove the bills of Lading for the said Goods |
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Volume 748, Page 46 View pdf image |
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