1778-11-17 (static/transcriptions/1778/11/050.jpg)
1778. 4 Term. [Tuesday] Nov. 17.
Rupees. Neymoychurn the Defendant had written in Bengally on the Bond, that he would be Security and would pay if Majendie did not. Majendie is Dead. He had not paid any thing.
His Administrator has paid two Sums on the Bond which reduce the Debt to 27,189 Current Rupees:
A Non=Suit,
on the Prayer of the Plaintiff’s Counsil Mr. Sealey, and Mr. Tilghman.
One objection was, on the Plaint, that no Consideration was stated in the Plaint for the undertaking of the Defendant. Beside this the first Witness who proved the Bengal handwriting, swore to Circumstances which Impey thought (tho’ I did not) inconsistent with the writing itself, and for these Reasons, and because the Advocates for the Plaintiff thought they could come better prepared another time, they chose a Non-Suit.
The first Step in this Cause was to prove the Execution of the English Bond by Mr. Majendie. One Witness was Mr. De Viel, who is gone to England;
/ and