Sidebilder
PDF
ePub

that they reasonably delivered and supplied the said E, with all the oakum, and naval stores and iron, to be by them supplied, as aforesaid; that they have been at all times, and are now ready to do and perform every thing on their part, above to be done and performed, and that relying on the promises of the said E, they have in fact, at the said E's request, advanced, paid and delivered to him on account, and towards payment of said vessel, $— in cash, $—in iron, $-in goods and provisions, according to the account hereto annexed, and also have been at the expense of $- in caulking and in joiner's work, in butt bolting and in lumber nails, and in painting of and for the said vessel, and upon and in assisting to launch the said vessel; and also relying upon the promises aforesaid of the said E, they have procured all the masts, spars, and yards, all the rigging and sails, necessary for masting, and rigging, and clothing the said vessel, and the lead-work, and windlass, and blocks for her use; yet, though the said vessel has long been launched, to wit, ever since &c., and though he, the said E, has had a reasonable time since the launching of the said vessel, as aforesaid, to deliver her to the said plaintiffs, and though they have been always ready to receive the said vessel, and have requested the said E to deliver the said vessel to them, the said E, not regarding his promises, as aforesaid, but intending to injure and defraud the said plaintiffs in this behalf, hath refused and still refuses to deliver the said vessel to them, and hath altogether broken his promises aforesaid. T. PARSONS.

By administrator, for not paying the deceased, nor the plaintiff a sum of money agreeably to contract to pay for specific articles at an agreed rate.

For that the said D and E, at &c., on &c., agreed with the said A A, then living, for cordage, cables, and canvas for the sloop I, of which the said D and E were the owners, cordage to be at $- per cwt., Russia duck, number one, to be at $-per piece, to pay in wood, staves, or bark, and, if not paid in six months, then to pay interest at six per cent. per annum, till paid, upon which agreement, and in consideration thereof, the said A A then and there sold and delivered to the said D and E the duck, cables and cordage in the account annexed mentioned, amounting, according to the prices by said agreement, to the sum of &c. And the said G avers, that the said A A, in his lifetime, was always ready to receive the said boards, staves or bark, in payment

thereof, to wit, at said &c. Yet the said D and E, or either of them, have not paid the same sum, or any part thereof, to the said A A, in his lifetime, or since his death, to the said plaintiff, or any other administrator of the said A A's estate, although said term of six months has long since past, and although requested to pay the same. C. C. P. Essex, 1792, Tracy v. Jewett.

S. SEWALL. 2. On Notes payable in specific articles, various memoranda in Writing, Bills of Lading, &c.

Holder v. Maker, on note payable in specific articles.

For that the said E, at &c., on &c., by his note of hand of that date, for value received, promised the plaintiff to pay and deliver him, or his order &c., gallons of New England rum, at &c., on &c. or before &c., then next ensuing, and now past. And the plaintiff avers, that the said rum, at the said time and place of delivery, was worth for every gallon, and that he was then and there ready to receive the same; yet the said D, though then and there requested, never delivered the same rum, or any part thereof to the plaintiff, but wholly refuses so to do.

Another.

[ocr errors]

For that the said D, at a place called P, viz., at S aforesaid, on &c., by his note under his hand of that date, for value received, promised the plaintiff to pay and deliver him, at his wharf in said P &c. pipes of the best Madeira wine, of the value of―as the plaintiff avers, in &c. months from the date of said note, which are long since passed; yet the said D, though requested, did not deliver said pipes of wine to the plaintiff, according to his promise aforesaid, and has ever since unjustly refused the same. T. PARSONS.

Another.

For that the said D, on &c., at &c., by his note or memorandum in writing, of that date, by him subscribed, for value received, promised the plaintiff to pay him or his order, one full welted saddle, such as he, the said D, did then sell at $, on demand. And the plaintiff avers, that he, on &c., at &c., was ready to receive, and did then and there specially request the said D, to deliver or pay him the said saddle, of the value aforesaid, and that the said D, though so specially requested, and though often otherwise requested, hath never paid nor delivered &c. S. PUTNAM.

Holder v. Maker, on note payable in hats.

For that the said E, at &c., on &c., by his note and memorandum in writing, of that date, by him signed, for value received, promised the said plaintiff to pay and deliver to him, or to his order, three hundred and twenty-two good merchantable hats, of the value of &c., viz. seventy-five good furred hats, such as Mr. F. L. sold at that date for $3 each, one hundred and ten wool hats, such as the said L then sold for $1,25 each, and one hundred and thirty-seven boys' wool hats, such as the said L, then at said date, sold for 75 cts. each; of the size of boys' hats, from a boy six years' old, to a boy's hat of fourteen years' old, and an equal number of every size; one eighth part of all the hats, and of all the sorts of the above different prized hats, to be paid and delivered every three months, computing from said date, till the whole should be paid and delivered to the said plaintiff, or his order, he to take said hats at said E's shop in &c., if they should be ready at three months' end, and if they should not be ready at the three months' end, the said E to pay interest money for the hats, that should not be ready, till he, at his expense, got them up to B to the said E; and the quality of said hats to be left to S. H. and son, or to said L, to be ascertained, if they were, or should be, as good, as said L sold, at the date of the said writing, at the above prices; yet, though the said plaintiff, at the expiration of three months from the date of said writing, viz. on &c., at said shop, was ready to receive one eighth part of all the said hats, and of all the sorts of the above different prized hats, and requested the said E to pay and deliver such eighth part to him, the said plaintiff, he, the said E, refused so to do, [nor hath the said E ever got the said eighth part of said hats up to B to said plaintiff, although requested so to do, to wit, at &c., on &c., but he, the said E, refused, and hath always refused, to deliver any part of said hats.]

Second Count was the same, except in omitting the part between brackets. THIRD COUNT declared for "one eighth of the hats," without stating any part respecting the other payments.

Note payable in fish.

For that the said E, at &c., on &c., by his promissory note of that date, by him subscribed, for value received, promised the plaintiff, to pay him or his order, sixteen and two

thirds quintals of Jamaica codfish, of the value of &c. within eight days from the date thereof, with interest; and the plaintiff avers, that he was ready at P aforesaid to receive the said fish, and there, within the said eight days, viz. on &c., requested the said E to deliver the same; but the said E did not deliver the fish aforesaid, neither hath he since delivered it, but still neglects and refuses so to do, to the damage &c. Leverett v. Lock, Essex, 1794. T. PARSONS.

Note payable in wood, staves, or bark. Administrator v. Makers.

For that the said T and E, at &c. on &c., agreed with the said A, then living, for cordage, cables, and canvas, for the sloop J, of which the said T and E were then owners, cordage to be at $- per cwt., Russia duck, number one, to be at $ per piece, to pay in wood, staves, or bark, and if not paid in &c., months, then to pay interest at six per cent. per annum till paid; upon which agreement and in consideration thereof, the said A then and there, sold and delivered to the said T and E, the duck, cables and cordage, in the account annexed mentioned, amounting, according to the prices by said agreement, to the sum of &c.; and the plaintiff avers, that the said A, in his lifetime, was always ready to receive the said boards, staves, or bark, in payment thereof, to wit, at &c. ; yet the said T and E, or either of them have not paid the same sum, or any part thereof to the said A in his lifetime, or, since his death, to the said plaintiff, or any other administrator of the said A's estate, although the said term of &c. months has long since past, and although requested to pay the same; to the damage, &c.

Note payable in boards.

For that the said E, on &c., at &c., having received to his own use, and at his request, of the plaintiff, the goods and moneys mentioned in the account annexed, amounting to &c., in consideration thereof promised the plaintiff to pay him therefor in merchantable boards, at the market price, (being at the rate of $- a thousand) to be delivered to him at a convenient wharf in S, seasonably, and ready to be shipped in the plaintiff's ship C, then bound on a voyage thence to I, and ready to sail on receiving said boards, to be delivered on said wharf seasonably for said voyage accordingly; yet the said E, not minding his promises and agreements aforesaid, did not seasonably pay said sum in said

183

boards, and deliver them to be shipped for said voyage, in said ship, though thereto requested, on &c., at &c.; by means whereof said ship was detained, and said voyage was delayed for &c. months, between that day and the &c. day of &c. and he still refuses to pay said sum in boards aforesaid, to the damage &c.

Another. For not delivering boards. Recital of special agreement.

FIRST COUNT. For that whereas, at &c. on &c., one C had given a note for the payment of &c., with interest, to the plaintiff, as security to the plaintiff for a like sum advanced to the said D, and the said D had given his note of hand for a like sum, with interest, to the said C to indemnify him, the said C, against his note given to the plaintiff, as aforesaid; and also whereas it had been further agreed between the said D and the plaintiff, that the said D should deliver to the plaintiff, at &c., on &c., chantable seasoned boards, at $-for a thousand feet, and feet of merfive thousand feet of clear seasoned boards, at $- for a thousand feet, and in that proportion to amount to &c., and that the plaintiff should deliver up his, the said C's note, on the delivery of the boards aforesaid, in consideration thereof, and that the plaintiff then and there promised the said D faithfully to perform his part of the agreement aforesaid, the said D then and there promised the plaintiff, that he, the said D, would faithfully perform his part of the agreement aforesaid; nevertheless, the said D, not minding his promise aforesaid, but fraudulently contriving to injure the plaintiff, though the said time of the delivery of the said boards, as agreed on, has long since elapsed, and though often requested, and though the plaintiff has been always ready to receive the said boards, to wit, at &c., and to deliver up the said C's note, according to the agreement aforesaid, hath not delivered the said boards, or any part thereof to the plaintiff, but wholly refuses and neglects so to do.

For not delivering boards according to contract.

SECOND COUNT. And for that the said E, at &c., on &c., for value received, promised the plaintiff to deliver him, at &c., aforesaid, in the month of &c., then next following, other merchantable seasoned boards, at the price of $-for every thousand feet, and clear seasoned boards, at the price of $-for every thousand feet, to the full amount of $-,in the proportion of five thousand feet of clear seasoned boards,

« ForrigeFortsett »