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

  • Source Note
  • Historical Introduction
Page [3]
image
No. 5 <​6​>
And for further plea in this behalf to the 1st 2nd 3rd & 4th counts of plaintiffs declaration defendants say actio non because they say that the notes in said counts mentioned were given by said C B & M 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 and 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, the other for the sum of $430 due in November 1840 <​1841​>, and for no other consideration whatever, and that said vendors of said Steam Boat at and before the time of purchasing the purchase of the same, falsely and fraudulently knowing the same to be false, and with intent to cheat and defraud said Streets represented said Steam Boat and said two Keel Boats to be free from all incumbrances and to be in good credit and repute, and that they had been well managed, and that freighters and shippers were willing and anxious to ship freight on said Steam Boat, and by means of said false and fraudulent representations induced said Streets to purchase the said 5/6 of the same at a large sum of money to wit the sum of six thousand one hundred & eleven dollars sixty six & ⅔ cents and that said two Keel boats <​were​> intended to be towed by said steam boat for the purpose of carrying freight in the same and were so used, and defendants aver that said steam boat was encumbered to a large amount to wit the sum of $4000 for damages sustained by Campbell & Co and others, For that said Campbell & Co and others had on to wit the 10th day of October <​1840​> 1844 shipped on board of said steam [p. [3]]
No. 6
And for further plea in this behalf to the 1st 2nd 3rd & 4th counts of plaintiffs declaration defendants say actio non because they say that the notes in said counts mentioned were given by said C B & M 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 and 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, the other for the sum of $430 due in November 1841, and for no other consideration whatever, and that said vendors of said Steam Boat at and before the time of the purchase of the same, falsely and fraudulently knowing the same to be false, and with intent to cheat and defraud said Streets represented said Steam Boat and said two Keel Boats to be free from all incumbrances and to be in good credit and repute, and that they had been well managed, and that freighters and shippers were willing and anxious to ship freight on said Steam Boat, and by means of said false and fraudulent representations induced said Streets to purchase the said 5/6 of the same at a large sum of money to wit the sum of six thousand one hundred & eleven dollars sixty six & ⅔ cents and that said two Keel boats were intended to be towed by said steam boat for the purpose of carrying freight in the same and were so used, and defendants aver that said steam boat was encumbered to a large amount to wit the sum of $4000 for damages sustained by Campbell & Co and others, For that said Campbell & Co and others had on to wit the 10th day of October 1840 shipped on board of said steam [p. [3]]
Page [3]