Amended Pleas, circa 30 October 1844 [JS et al. v. C. B. Street and M. B. Street]

  • Source Note
  • Historical Introduction
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No 3 <​4​>
And for further plea in this behalf to the 1st 2nd 3rd & 4th counts of plaintiffs declaration defendants say the consideration of the notes in said counts mentioned has failed to the sum of $633.— because they say that the notes in said counts mentioned were given by said C B [Charles B. Street] & M[arvin] B Street as principals and said Robert F Smith as security as part of the consideration of 5/6 of a Steam Boat 5/6 of two Keel Boats & the furniture, chimneys anchers and tackling thereto belonging, sold and agreed to be delivered by said plaintiffs and said to said C B & M B Street and two promissory notes on one Edwin Guthrie, one for the sum of $408 due in November 1840, the other for the sum of $430 due in November 1840, And for no other consideration whatever, and that said plaintiffs and said , wholly failed to deliver to said C B & M B Street one of said Keel Boats of great value, to wit, of the value of $300, and that said plaintiffs and said wholly failed to deliver to said Streets two anchers, part of the tackling of said Steam Boat of great value to wit of the value of $80, and that said plaintiffs and said wholly failed to deliver to said Streets the chimneys belonging to said Steam Boat, of great value to wit of the value of $250, and defendants aver that at the time of the sale and purchase of said 5/6 of said Boats said plaintiffs and said undertook and faithfully promised to deliver said Keel boat, said anchors and said chimneys to said Streets, which they have wholly failed to do, and so the defendants say that the consideration of said notes has failed to the sum of $633, and this they are ready to verify wherefore they pray judgment &C
Morrison & Grover [p. [1]]
No 4
And for further plea in this behalf to the 1st 2nd 3rd & 4th counts of plaintiffs declaration defendants say the consideration of the notes in said counts mentioned has failed to the sum of $633.— because they say that the notes in said counts mentioned were given by said C B Charles B. Street & Marvin B Street as principals and said Robert F Smith as security as part of the consideration of 5/6 of a Steam Boat 5/6 of two Keel Boats & the furniture, chimneys anchers and tackling thereto belonging, sold and agreed to be delivered by said plaintiffs and said to said C B & M B Street and two promissory notes on one Edwin Guthrie, one for the sum of $408 due in November 1840, the other for the sum of $430 due in November 1840, And for no other consideration whatever, and that said plaintiffs and said , wholly failed to deliver to said C B & M B Street one of said Keel Boats of great value, to wit, of the value of $300, and that said plaintiffs and said wholly failed to deliver to said Streets two anchers, part of the tackling of said Steam Boat of great value to wit of the value of $80, and that said plaintiffs and said wholly failed to deliver to said Streets the chimneys belonging to said Steam Boat, of great value to wit of the value of $250, and defendants aver that at the time of the sale and purchase of said 5/6 of said Boats said plaintiffs and said undertook and faithfully promised to deliver said Keel boat, said anchors and said chimneys to said Streets, which they have wholly failed to do, and so the defendants say that the consideration of said notes has failed to the sum of $633, and this they are ready to verify wherefore they pray judgment &C
Morrison & Grover [p. [1]]
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