1778-11-02 (static/transcriptions/1778/11/006.jpg)

1778. 4 Term. [Monday] Nov. 2.

Choiton Churn Sean
v
Lawrence Hendrick.

[Triple Line]
Judgment had been given for the Plaintiff at the Sittings, for about 8000 Rs. The defendant had moved for a New Trial, suggesting and swearing, that the action was founded on a security given by him in Bengal writing, that the writing had been alter’d after he sign’d, from being security only for two months to security for a longer time: that on the security as sign’d by him he could only be liable at the utmost to pay forty eight Rupees, instead of 8000 adjudged against him.
On this representation, We were inclined to grant a New Trial, deeming ourselves authorized so to do, principally by the Cases of Bright, Executor of Kannah Crisp v Eynon. 1st Burrow 390; Trinity Term 30th & 31st G. 2d June 29th 1757. And, Norris v Freeman, 3d Wilson 38, in the Common Pleas, which was after the year 1757.
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