Volume 839, Page 33b View pdf image |
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Aprill the
Court
1723
33 Burton Executors of the Last will and testament of Samuel Handy decd of a plea of trespass upon the Case &c And whereupon the same Ebbniezer and Pricilla by William Tazewell their attorney Complains that Whereas the afd William Skirvin in his Life time viz.t the second day of september ann Dom one thousand seven hundred and twenty at Somrsett Parish at Somrsett County within the Jurisdiction of this Court (the same Skirvin then and there Negotiating and useing Commerce) according to the Use and Custome of merchants from the time whereof the Memory of Men is not to the Contrary in that Part used and approved made his Certain Bill of Exchange in writing Bearing date the same day and year and the same Bill with his Own Proper Name and hand then and there subscribed and the same Bill the afd Skirvin to a Certaine Thomas Hanna merchant in glasgow directed and by the same Bill requested the same Thomas to pay unto the afd Samuel in his Lifetime the same Samuel then and there Negotiating and useing Commerce or his Order the sum of ten Pounds sterling and Place the same to the acco.t of the said Skirvin and afterwards to witt the fourth day of august Ann Dom seventeen hundred & twenty One at Glasgow afd viz.t at Somrsett Parish in Somrsett County within the Jurisdiction afd according to the Use and Custom of merch.ts from the whole time afd in writing in due manner the same Bill was Protested for want of acceptance thereof of which Premisses Ebbinezer and Pricilla since said Samuel Death afterwards to witt the fifth day of October Ann Dom seventeen hundred and twenty one at Somrsett Parish in Somrsett County afd within the afd Jurisdiction to the afd Esther gave Notice by Pretext whereof the said Esther according to the Custome of merchants from the whole time afd so as afd used and approved was and became and the said Esther Now in her Capacity afd Chargable to pay the afd ten pounds sterling in the Bill of Exchange afd mentioned to the same Ebbenezer and Pricilla according to the form and Effect of the Bill of Exchange afd Nevertheless the said Esther the premisses afd not minding but fraudulently Intending the same Ebbinezer and Priscilla in this part Craftilly and subtilly to deceive and defraud the afd ten pounds in the Bill of Exchange afd mentioned or any Part thereof to the afd Ebbinezer and Pricilla hath not Paid altho' to pay the same afterwards to witt the tenth day of October Ann Dom One thousand seven hundred and twenty One at Somrsett Parish in the County afd within the afd Jurisdiction by the same Ebbinezer and Priscilla she hath been required but the same to them hitherto to pay hath altogether refused and still doth refuse whereupon the same Ebbinezer and Pricilla say they are the worse and have damage to the value of twenty three pounds sterling and thereof they Bring Suite &c and the afd Ebbinezer and Priscilla bring into Court the Letters testamentary of the afd Sam.l by which &c Tazewell P Quer And the said Esther Skirvin Executrix as afd by Francis Allen her attorney Comes and defends the force and Injury when &c and Prays Leave to Imparle here unto untill the next Court and he she hath it and the same day is given to the Plfts also Att which said next Court to witt the day of August Ann Dom One thousand Seven hundred and twenty two Come againe Plfts and deft by their attorney afd and the said deft by her said attorney Prays further Leave to Imparle hereunto untill the next Court and she hath it and (att) |
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Volume 839, Page 33b View pdf image |
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