1778-11-25 (static/transcriptions/1778/11/077.jpg)

1778. 4 Sittings. [Wednesday] Nov. 25.

said to be made on a Certain Bengal day “answering to 14th February 1778” and the Contract to be pay in two Months and the Money was alledged to have become payable a Certain Bengal Day “answering to the 15th day of February 1778” which in the English dates was impossible, tho’ in the Bengal dates it was right. On this the Court, all three agreed that they should go on to prove their Case, leaving it to solemn argument in arrest of Judgment, whether the Court should reject the English dates, which were put in for Explanation, and adhere to the Bengal Dates, and this as a General Rule in all Cases, because of the Difficulty of calculating the correspondent English dates. But it happen’d there was another Error in the Record for the agreement was there stated to be that the Defendant should become security in the Consideration that the Plaintiff had Sold and Deliver’d, whereas it was stated the Evidence would be, that he had Agreed to sell, but had not deliver’d the Shells, for it was part of the first Agreement that the buyer should find
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