1778-01-24 (static/transcriptions/1778/01/024.jpg)

1778. 1 Term. [Saturday] Jan: 24th.

Present
Impey & Hyde.
No Motions.

The United Company of Merchants of England Trading to the East Indies
v
Monohur Muckergee.

[Double Line]
An Action on the Case to recover the difference between the first sale of Cloth to the Defendant, and a second sale of the some Cloth, which by the conditions of the sale, the Defendant was bound to pay, on his not clearing out the Cloths. The sale was by Public Auction, or Outcry, as it is call’d here in Bengal, by the English. The Plaintiff was non-suited, by the opinion, of all the three Judges, my brother Chambers being come, before the non-suit was directed. The reason of the non-suit was, that we were of opinion the account produced, did not maintain the Count of Insimul Computassent, on which it was attempted to be given. The reason given was principally that this
/ was