Difference between revisions of "MRP: C5/53/78 f. 2"

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C5/53/78 f. 2

Abstract

Transcription

//The Answer of Thomas Cutler Merchant def:t to y:e Bill of Comp:lt of Samuell Sowton//
//Merchant Comp:lt//

//XXXX Def:t now and at all times thereafter all Advantages of excepcons to y;e incertaintyes insufficiencies & manifest imperfecons of y:e Comp:lts Bill of comp:lt for Answer thereunto this def:t answereth & sayth y:t true itt is anout y:e time menconyed in XXX Bill this Def:t was XXXX//

//XXXXXXXXXX in y:e Kingdome of Sweden doth beleive that y:e Comp:lt was sent over out of England to Stockholme by y:e s:d S:r William Rider kn:t & William Cutler in y:e Bill named as an assistant to this Def:t in such negotiions as y.e sayd S:r William Rider and y.e sayd William//

//Cutler should from time to time advise, in w:ch imploym:t in y:e sayd Compl:t was to have one third parte in three to be devyded of allsuch Commission money as this def:t was to receive in y:e sayd ?concernm:t under y.e sayd S:r William Ryder and William Cutler But XXXXXXXXXXXXXXXXX//

//XXXX this Def:ts knowledge or beleife ever payd any summe of money for this def:t to any pson whatsoever (dureing this def:ts abode att stockholme) otherwise XXXXX y:e Comp:lt had y:e keeping of this Def:ts bookes of Accompts and cash and under y.e XXXX payd moneys out of the XXXX//

//?hath in psuance of this def:ts order and for w:ch extraordinary paynes to be taken & had therein this def:t in lieu of one third part in three to be devyded of such commission money under y:e imploym:t of y.e sayd S:r William Ryder & William Cutler as this Def:t was to allow y:e XXXXX//

//this def:t did agree to allow y:e Comp:lt one halfe of such commission money And this def:t further sayth that true itt is about y:e time in y:e Bill for y:e purpose sett forth this Def:t haveing an intent to come (for some short spaces of times) into England and soe retourne againe to Stockholme//

//and haveing sewall Accompts with sewall psons under diverse contracts, in y.e way of merchandize for sewall goods & merchandizes bought att future dayes of paym:t this def:t conceiving himselfe bound in conscience to make a pvision for y:e secure paym:t of his creditors if in case he should [??happen]//

//to die in his sayd voyage to England or in his said intended retourne did take this def:ts sayd bookes of Accompt & therein was punctuall sett downe to this Def:ts best remembrance & knowledge all such debts as by this def:ts bookes of Accounts he did then find he stood in debt to XXXX//

//any pson within y:e sayd Kingdome of Sweden and in and by y:e sayd Accompt soe made up did compute himselfe to be debtor to sewall creditors to y:e summe of seventeene thousand seven hundred twenty six dollars or near thereabouts but not any thing considdXXXX XXXX//

//w:ch sayd summe ?that this Def:t (to y:e and y:e Comp:lt intendeing there?unto ??reside for some time) might carefully discharge & make ?sume paym:t att such dayes & times as y:e same should become due & payable this Def:t did make himselfe in and by y.e sayd bookes of Accompt to stand//

//to y:e Comp:lt in y:e sayd summe of seventeene thousand seaven hundred twenty six Dollars or thereabouts w:ch will y.e better appeare by y.e sayd bookes of Accompts left by this Def:t in y:e Comp:lts hand att att his comeing from Stockholme and w:ch as this Def:t verily beleives are XXX//

//y:e Comp:lts custody if y:e same may be produced and to w:ch this def:t for more certainty thereof referreth himselfe w:ch summe as this Def:t verily beleiveth is y.e same indebtm:t intended by y.e sayd summe of seaventeene thousand nine hundred seaventy five dollars XXXX XXXXX//

// in y:e Comp:lts Bill of Complaynt and most part where of this Def:t as yett doth not exactly know whether y:e same be payd by y.e Comp:lt or not being debts then payable att time as aforesaid but if y.e Comp:lt shall make itt appeare y:e he hath payd & discharged XXXXXXXX//

//for and on this Def:ts behalfe this def:t hath sattisfyed & payd y.e same to y:e Comp:lt in & by such pticuler manner & paym:t as in & by a pticuler Accompt thereof made & affixed to this Def:ts Answer pticulerly sett forth and this Def:t further sayth that ?ever XXXXXXXXX//

// y:e said summe this Def:t doth not know to his best remembrance y:t att his departure out of y.e Kingdome of Sweden he stood any ways indebted in any summe of money whatsoever to y:e Comp:lt but this Def:t further sayth that although itt may be true some short time//

//before this def:t comeing away from Stockholme there was a  ?communicacon (but not att y:e desire of this Def:t to this Def:ts knowledge) had & moved by & betweene y:e Comp:lt and this Def:t as for & concerneingy:e holding of correspondents each with y:e other in the//

//way of mechandize and y:t such comodityes as y:e sayd Comp:lt should send for y:e port of London should be consigned to this Def:t under an equall concernm:t and y:t in like manner this Def:t should consigne to y:e Comp:lt such goods & merchandize as this Def:t XXX//

//transport from y:e port of London to Stockholme yett newthelesse in respect of this Def:t then intended a short abode in England there was neither att y:e time nor att any time sitXXXXX any proffitt XX agreement Xlade as to y:e same and such communicacons as was, was onely//

//such comodityes & merchandizes as should be soe consigned by each to y:e other was alwayes to be by way of retourne out of such efforts as each pty had of y:e others in their hands or otherwise that from time to time after such retornes made each to y:e other there should be Bills of//

//exchange drawne to make speedy paym:t but this Def:t sayth that although this Def:t in psuance of y:e XXXX communicacons onely did consigne sewall goods to y:e Comp:lt in Stockholme as well for y:e discharge of his aforesayd Accompt of seaventeene thousand seaven hundred//

//twenty six Dollars

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