JB/047/054/001

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Evidence

6 June 1803 Court of King's Bench, June 4. Sitting before Lord Ellenborough and special
James. Pybus and others V. Dunel.

Mr Gibbs stated that this action was brought by the Plaintiffs,
who are Baukers in London, against the Defendant, who was surety
for Mr Fronsow, who was a Bauker at Pontefract, to recover the
amount of a Bond for £500 which was given to long ago as the
year 1785. The defendant had pleaded this land was not his
deed, although in his answer in for this was
in that Court he had fully admitted it. There were two subscribing
witnesses to this land, but they could not be found, and therefore
Mr Gibbs purported to the read the Defendant answers in chancery, in
order to prove the bond was executed by him. He said every search
had been made after the subscribing witnesses, and they had not
been able to find them.

After some evidence had been provided, it appeared that due<
diligence had not been and to find out there witnesses, and Lord
Ellenborough observed, that unless they were dead, or residing in some
foreign country, he could not dispense with their absence. A subscribing
witnesses might prove fifty things; he might prove the Defendant
was drunk when he was executed the bond, which would be answer to the
action of a plea of faction.

Plaintiff

Identifier: | JB/047/054/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-06-17	Marginal Summary Numbering	not numbered
Box	047	Main Headings	evidence
Folio number	054	Info in main headings field	evidence
Image	001	Titles	times 6 june 1803
Category	collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	14922
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