1778-03-18 (static/transcriptions/1778/03/022.jpg)

1778. 2 Term. Wednesday March. 18th.

Wednesday March 18th 1778.
Present
Impey &
Chambers & Hyde.

[Triple Line]
Rada Cunt Chuckerbutty
v
Colleychurn Gose
This Cause continued from yesterday. Mr. Sealey, begun for the Defendant.
He said that it being proved, that the consideration of the Bengal Note or Bond was an Order drawn by [the] Defendant on the Plaintiff to pay the same sum as in the bond, to Bishnorum the Father of the Plaintiff, it ought also to be proved that the note was paid by producing it, the draft, with a Receipt indorsed on it.
He call’d Witnesses, to prove that by the Custom among Bengal Merchants this kind of Bengal Note ought to have a receipt written on it when the money was paid, and therefore contended that this note not having such a one, it must be presumed the money was not paid, and therefore the other Bengal Note on which the Action was brought appear’d
to