Warner v. Franklyn

Suffolk County Court

Warner v. Franklyn

2 Rec. Co. Ct. 1055

CourtNew York County Court, Suffolk County

DecidedJuly 29, 1679

StatusPublished

This text of 2 Rec. Co. Ct. 1055 (Warner v. Franklyn) is published on Counsel Stack Legal Research, covering New York County Court, Suffolk County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warner v. Franklyn, 2 Rec. Co. Ct. 1055 (N.Y. Super. Ct. 1679).

Pincite

Opinion

John Warner plaint. conta Benjamin Franklyn Defend* in an action of reveiw of a case tried at the County Court held at Boston. 29th Octobr 1678. where Katharin Franklyn as Attourny to Benjamin Franklyn obtained judgem* against the now plaint, for twelve pounds Seven Shillings in money & costs of Court granted twenty Shillings which is to the plaints damage with all other due damages &c\ . . . The Jury . . . found for the Defend* costs of Court. The plaint. appeald from this Judgem* unto the next Court of Assistants &ca

[1056]*1056[ See Frankiyn v. Warner, above, p. 948. Warner went to sea without paying bis board, leaving behind a trunk full of linen, which, according to some accounts, the landlady broke open. The bill follows (S. F. 1809.4):

John Warner Debter. 1677.

May. 15.

For dyet and Lodgeing from may .15 to Ianuary .10. day .32. K s ' weekes and .3. dayes at: 6s per weeke........... 09:15:—

Septemb*

21. Jt one barr11 of pickled mackrell.............. —:18:—

Jt in Cash Lent..................... —:02:—

Jt paid for John Wampus by Iohn Warners order to Goodman Earll......................... —:17:—

June .5.

1678: For .4. weekes dyet.................. 01:04:—

Jt one pair of Shoes.................. —:06:— D — 13:02:—

Sworn in Court .29° October .1678. by Benjamin Frankiyn to bee a just and true Aeco* being compard with his booke.

Jsa Addington Cler.

The Court of Assistants (Records, i. 144) reversed the Judgment for the following reasons (S. F. 1809.9):

The Reasons of ye Verdict Jn the Case betwixt Jn° Warner & Katherine franklin

1 Their was noe goods Attached & soe noe foundation for A tryall or Judgm*

2 The deft was out of y® Country & Judgm* Should not haue bine entred vntill y® next Court but this being entred: See Attachmts Sumonfses] Sect [1]

3 The deft vndr aige vndr 21 yeares when y® Judgm* Graunted

4 Noe Suficient proofe of y® Debt —only y* hee did Lodg their wee know not vpon wt Tearmes

Jn the name of y® Jury

Ant Checkley ford™1 ] ■

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John Warner plaint. conta Benjamin Franklyn Defend* in an action of reveiw of a case tried at the County Court held at Boston. 29th Octobr 1678. where Katharin Franklyn as Attourny to Benjamin Franklyn obtained judgem* against the now plaint, for twelve pounds Seven Shillings in money & costs of Court granted twenty Shillings which is to the plaints damage with all other due damages &c\ . . . The Jury . . . found for the Defend* costs of Court. The plaint. appeald from this Judgem* unto the next Court of Assistants &ca