1778-04-02 (1778-04-001.jpg)1778. Sittings. Thursday April 2d.
Thursday April 2d 1778.
Chambers & Hyde.
This was a common action on the case on assumpsit: the Plaint consisted of the several usual Counts.
The General Issue, Non Assumpsit was pleaded to all.
The Court relied on was that of insimul computassent, on which the Plaintiff proved by One of the Subscribing Witnesses, an account in Bengal Writing sign’d by the Defendant, in the presence of the Plaintiff.
The Defendant did not deny his Signiture but attempted to prove he sign’d it by Duress of imprisonment, and produced two Witnesses for that purpose, but they gain’d no credit either with Chambers or me, and therefore we deem’d the Duress not proved. By failure of the Proof of Duress, it became unnecessary to decide the Question which was mooted in this case; which was of the