MRP: C10/91/84 f. 2

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C10/91/84 f. 2



Abstract


The London merchant Charles Marescoe responded with a Demurrer (C10/91/84 f. 2) to a Bill of Complaint by the brothers and London merchants Nathaniell and John Letten (C10/91/84 f. 1). He argued that the Letten brothers' Bill of Complaint was insufficient at law, and hence required no further answer. He concluded with a request to the Lord Chancellor to rule whether he were to be compelled to make any further answer.



Transcription


//The Demurrer of Charles Marescoe Merchant def:t to the Bill of Comp:lt//
//of Nathaniel Letten and John Letten Merchants Comp:lts//

//The said deft saith that he is advised that the said Bill of Complt is insufficient in the Lawe to be//

//Answererd unto by this defend:t and that he is not by the Rules and practice of this Court//

//requireable soo to doo And therefore this deft doth demurre thereunto and for cause of//

//demurrer humbly sheweth That the Affid:t to the said Bill annexed and w:ch is the onely//

//ground thereof is defective and alltogether insufficient for that purpose In that it doth//

//not thereby appeare but that the said two Bills of Exchange in the said Bill and affid:t//

//menconned may be still extant and be pduced to be made use of att Lawe against this//

//defend:t for such cause and for divers other causes and imperfect in the said Bill and//

//Affid:t thereunto annexed contayned this deft doth demurre to the said Bill and//

//humbly demands the Judgement of this court whether he shall be compelled to make//

//any further or other Answeare thereunto and humbly prayeth to be dismissed with his//

//costs//

//Edw?r: Peck [Signature, bottom RH corner]//



Commentary


See C10/91/84 f. 1



Possible primary sources


PROB 11/333 Penn 67-128 Will of Charles Marescoe, Merchant of London 12 September 1670



Possible secondary sources


Henry Roseveare, Markets and merchants of the late seventeenth century: the Marescoe-David letters, 1668-1680 (London, 1987)