1778-10-26 (static/transcriptions/1778/10/007.jpg)

1778. 4 Term. [Monday] October 26.

Monday October 26th 1778.
Present
Sir Robert Chambers
&
Mr. Justice Hyde.

[Triple Line]
Simao de Rozario
v
Rogo Metre.

[Double Line]
Mr. Newman, Moved that there might be a New Trial in this Cause.
He said Rogo Metre was Banyan to Mr. Driver, that the only Count in the Plaint which could possibly apply to the case, which was for Money had and Received, was not proved for it was not proved that the money received by Seedam Gose ever came to the hand of Rogo Metre. He said Seedam Gose was the Servant of Mr. Driver, and not of Rogo Metre.
The evidence was read, and my brother Chambers and I agreed that the Judgment was right. I thought so particularly because the words “He would pay” which on reading the Evidence seems ambiguous whether to mean Rogo Metre or Mr. Driver, I had no doubt, we had when
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