Robert Treat Paine Papers, Volume 4
I have several times conversed with Mr. Calf, the bearer, respecting your demand. He seems to be strongly perswaded that the whole has been paid, as well as what Mr. Lowell has indorsed on the Execution, but has no evidence of it except some Charges in his ledger, which do not seem satisfactory. I have hitherto forborn to sue, & the time of service is not out for our next Court till next Tuesday week. The principal reason for forbearance has been & still is, my fears of his ability to pay. From the best enquiry I can make I am convinced he is unable, and should he be able to procure bail on the original process, which is doubtful, I think he must go to Gaol on the Execution, & probably swear out. He will I suppose frankly tell you of his Circumstances, & implore your Indulgence—were it my own debt, I should set it down to the side of Loss, and place my only hope of payment on a Charge of prosperous turn in his favour of which, at his Age however I think there is not any great probability. I am sorry I can give you but little hope concerning your note vs. Griffin, I have wrote to him & recd. his answer pleading his poverty & present inability & promising to pay when able as usual, but on enquiry I find his 331 Circumstances very low since he quitted this town & went to portsmouth, & I am afraid a lawsuit would be throwing good money after bad. However if you signify your pleasure by Mr. Calf, I will put one or both your demands in suit.