1779-11-11 (static/transcriptions/1779/11/015.jpg)

1779. 4 Term. Thursday Nov. 11.

Thursday Nov. 11th 1779.
Present
Mr. Justice Chambers. at 10o45’
&
Mr. Justice Hyde. at 9o45’.

[Triple Line]
Nathaniel Middleton
Executor of Blomer
v
Rajah Buddenaut.

[Triple Line]
On an affidavit of Service, and without any opposition, a Rule Nisi Causa was made absolute, to withdraw the Plea of Non est Factum, which had been pleaded by mistake to an English Bond, for a large sum of Money. The Rule Nisi had been made on an affidavit of the Attorney for the Defendant, Mr. Tolfrey, that he had received instructions at the commencement of the Cause, to plead to the jurisdiction, but that when he had obtain’d the Office Copy of the Plaint, he found a Mistake in reciting the date of the Bond to be in the year 1778 whereas in truth the bond was dated 1768 (or some other year), and therefore he thought the Defendant must have
/ Judgment