1778-10-26 (static/transcriptions/1778/10/008.jpg)

1778. 4 Term. [Monday] October 26.

we heard the words, applied to the Defendant Rogo Metre, and I think an undertaking to pay, would be proper evidence on the Count for Money had and Received, because it would be presumed he would not undertake to pay unless Seedam Gose was his Servant, and received it for him.

Choiton Churn Sein
v
Lawrence Hendrick.

[Triple Line]
Mr. Newman, Moved for a New Trial, on behalf of the Defendant. The Cause had been tried August 15th.
He grounded his Motion on the absence of two material Witnesses who he named. The defendant stated by affidavit that he had directed Mr. Whittall his Attorney since deceased to subpoena these Witnesses from Patna, which Mr. Whittall by reason of his illness had omitted to do. That they would prove by a copy of the Paper exhibited in the Cause, which was taken at the time, by the same Man who wrote the paper, that since the defendant sign’d it, the paper
/ had