Warner v. Franklyn ( 1753 )

John Warner plaint. conta Benjamin Franklyn Defend* in an action of reveiw of a case tried at the County Court held at Boston. 29th Octobr 1678. where Katharin Franklyn as Attourny to Benjamin Franklyn obtained judgem* against the now plaint, for twelve pounds Seven Shillings in money & costs of Court granted twenty Shillings which is to the plaints damage with all other due damages &c\ . . . The Jury . . . found for the Defend* costs of Court. The plaint. appeald from this Judgem* unto the next Court of Assistants &ca

[ See Frankiyn v. Warner, above, p. 948. Warner went to sea without paying bis board, leaving behind a trunk full of linen, which, according to some accounts, the landlady broke open. The bill follows (S. F. 1809.4):

John Warner Debter. 1677.

May. 15.

For dyet and Lodgeing from may .15 to Ianuary .10. day .32. K s ' weekes and .3. dayes at: 6s per weeke........... 09:15:—

Septemb*

21. Jt one barr11 of pickled mackrell.............. —:18:—

Jt in Cash Lent..................... —:02:—

Jt paid for John Wampus by Iohn Warners order to Goodman Earll......................... —:17:—

June .5.

1678: For .4. weekes dyet.................. 01:04:—

Jt one pair of Shoes.................. —:06:— D — 13:02:—

Sworn in Court .29° October .1678. by Benjamin Frankiyn to bee a just and true Aeco* being compard with his booke.

Jsa Addington Cler.

The Court of Assistants (Records, i. 144) reversed the Judgment for the following reasons (S. F. 1809.9):

The Reasons of ye Verdict Jn the Case betwixt Jn° Warner & Katherine franklin

1 Their was noe goods Attached & soe noe foundation for A tryall or Judgm*

2 The deft was out of y® Country & Judgm* Should not haue bine entred vntill y® next Court but this being entred: See Attachmts Sumonfses] Sect [1]

3 The deft vndr aige vndr 21 yeares when y® Judgm* Graunted

4 Noe Suficient proofe of y® Debt —only y* hee did Lodg their wee know not vpon wt Tearmes

Jn the name of y® Jury

Ant Checkley ford™1 ] ■