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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 629   View pdf image
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629)

          After proved altogether disable and unfitt for service  He the said
             Low brought an accon at Comon law against the Complt to recover dam.s
          for the said Sloope or Vessell who therein was Nonsuited  whereupon he
       brought his accon a Second tyme  And the Complainant did then pduce some
       Evidence to the Jury upon the Tryall that they brought in a verdict for him and
       the Court gave Judgment thereupon  Notwithstanding all which he the sd
       Low being litigously inclind and knowing that w.t Evidence the Complt had were
       dead or departed the Province Commenced his Accon a Third time and
       surruptitiously obtained Judgment against the Complt  Whereupon
       he appealed from the Judgment of the said County Court to the Proventiall
       Court the Errors in law Assigned for the reverseing the Judgment of the sd
       County Court appearing not to be Sufficient for that end and the meritt
       of the Cause not being Called in question the said Proventiall Court did
       Affirme the Judgment of the sd County Court  Soe that at and by the Strict rules
       of the Comon law the Complt was left without any remedy and has noe way
       left to sett aside the sd Judgment and put a stopp to paying Cost upon the
       said appeale but by bringing the matter in Equity before this Hono.ble Court
    To all which the said Nich.o Lowe the Defend.t made answer that true it was a
       Communication was had and moved by and betweene the Complt and Defd.t
       of and Concerning the letting to hire and hireing of a certaine Sloope or
       Vessell called by the name of the five man boat belonging to the Defd.t (but
       the time when he Could not remember) but did beleive that it was on or
       about the tyme menconed in the bill  And upon the said Communication
       it was Agreed that the Complt should have the sd Sloope or Vessell at the
       same rate and price P moneth  That the Cap.t of the Shipp who then had
       her Service did give  After the said boat Cap.t discharged her in order to w.ch
       the defendant did write to one Anthony Rumball in the Complt.s bill menconed
       into whose hands the said Sloope or Vessell was Committed by the Cap.t above
       named to send home to the Defendants house Containing that if She was discharged
       from the Shipp he should deliver her to the Complt or order  The
       which the said Anthony performed  And as the said Anthony informed the Defd.t
       as alsoe upon his oath in Talbott County Court declared that he did oblige
       the Complt by pmise that when he had done with her  That then he would
       Carry her home to the Defendants house to deliver her which was in Tradeavon
       Creeke in Great Choptank river but that he this Defendant did warrant and
       Assure the said Sloope to be Compleatly rigged and fitted or that the Complt
       was to have her at the rate of five pound p moneth utterly denyes  But
       the Complt was to give the same rate She now went at which was the
       Sume of Five pound Tenn shillings P moneth  And the Defendant
                                                                                              further
     


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 629   View pdf image
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