1787-11-27 (static/transcriptions/1787/11/465.jpg)
Mr. Wm. Dunkin argues as if an excon to the insufficiency of the Answer in one part were an admission that the rest of the Answer is true, the contrary of which is true. The only case that I know in which the truth of an Answer is admitted by implication is where no replication is filed & the cause set down upon bill & answer only, or where you file a replication & don’t serve a subpoena to rejoin, or take the other steps mention’d by Gilbert (forum Rom: 45.). “If neither of these ways be taken (says Gilbert) & the cause be set down upon Bill, answer & replic—, the Answer must then likewise be taken to be true.
Deft shall be obliged to answer whether he has assets, although he denies the Debt – Hardress 188.
The Collusion with the board of Trade is not the only circe of fraud in the bill. Anor very material one is that, bod by such