Chancery Depositions (PRO C5/44/2 Robt Aylett v Robt Abbutt)

30.4.1664 (Saturday 30 April 1664)

document 16700603

answer of Robt Abbutt to the bill of complaint of Robt Aylett the said defendant saving himself now and at all times etc for answer says that upon or about 17.11.1656 the defendant did justly and truly lend to Edw Westney in the complaint mentioned sum of 55li of lawful money for the security of repayment whereof together with the just interest the said Edw Westney by his writing obligatory sealed with his seal dated 17.11.1656 did become bound to the defendant in the penal sum of 110li on condition for the payment of 58li6s on 18.11.1657 which said sum of 58li6s was not paid upon 18.11.1657 nor since by reason whereof the obligation became forfeited and the defendant says that in regard that Edw Westney for divers years after he had refused to satisfy the debt he the defendant in or about the month of .5.15Chas2 did intend to sue Edw upon the obligation and gave notice of his intention unto the complainant who is related to and was engaged in the estate and business of Edw whereupon the complainant on or about 13.5.15Chas2 in consideration that the defendant at the special instance and request of the complainant would forbear to sue Edw Westney up on the writing obligatory aforesaid did assume upon himself and did promise this defendant that he the complainant before the feast of michael the archangel next following the promise would well and truly content and pay the defendant so much as Edw Westney did owe the defendant at the time of the said promise and the defendant says that at the time of the said promise the said obligation was forfeited and thereby the 110li the penalty thereof was due to the defendant and he further answers and says that the complainant did not pay to him on or before the feast of michael the archangel or since the 110li due to him by Edw Westney or any part thereof although the defendant from the time of the said promise hitherto has forborne to sue Edw Westney upon the obligation whereupon true it is that this defendant has commenced an action upon the case against the complainant for breach of the promise and has declared in the action as he conceives is lawful for him to do unto which declaration and other proceedings in the action remaining upon record in his majesty's court of kings bench and this defendant for further answer reserves himself and this defendant does confess that three years after the obligation the said Edw Westney did pay unto the defendant the sum of 40li and no more for the interest then due upon the obligation and in satisfaction of so much of the principle money as the residue of the said 40li besides the interest did amount unto and the defendant does deny that he has received any sum or sums of money upon the obligation or any other satisfaction whatsoever other than the said 40li and the defendant does deny that he did ever promise to cancel the obligation or send and discover to Edw Westney or did promise to release or discharge the obligation as in the bill of complaint is falsely suggested and the defendant says that he does not desire to exact the penalty of the obligation but he is willing upon the payment of the remaining principal money due upon the obligation and the interest thereof together with the defendant's costs and charges to law and in this court to discharge the same obligation according to law and to release the complainant his promise aforesaid without that any other matter thing or cause whatsoever in the bill of complaint contained material and effectual in the law for this defendant to make answer unto and not herein and hereby sufficiently answered confessed or avoided traversed or denied is to this defendant's knowledge true all which matters this defendant is willing to aver etc Jn Eldred