Robert Treat Paine Papers, Volume 2
You are acquainted with Capt. Cobbs affairs, & the methods which have been proposed with regard to Security. I1 should be greatly Obliged to you if you would Inform yourself fully of his Estates at Taunton & Attleborough: what Quantities of Land he has in each place: & whether the Lands in each place lye together, or in separate peices: & what Buildings & Works are upon each peice in both said Places: & should be glad you would also inform yourself of the value of each Estate & of each Tract or peice of Land which lyes in severalty by itself with the Buildings thereon. Computed at a moderate rate: & get such a Description of the several Estates and Tracts of which they are composed as will be sufficient to draw a Deed by: & inform yourself whether they are Subject to any Incumbrance: & pray let all this be done in the most secret manner. & your Inquierys made so as to be as free from Observation & as little to Capt. Cobbs prejudice as possible. Be so good as to advise me particuarly upon the Several articles above as soon as may be & I will take Care that your Trouble therein shall be duely Acknowledged. I am Sr Your very humble Servant
SAMUEL F
PS: I should be glad you wd. get such Information of the Value of the 324Estates, as that you may be fully Satisfied in your own mind & Judgmt. at least that they were not set too high, & I think you need not might do this by enquiring of different persons of Judgmt. who are acquainted with the Lands without the formality of persons to be chosen to apprize as this wd. be attended with observation: & would be unncessary as we are not about to purchase the Estate, & so dont want to know the Value to a greater exactness than to be certain that the sum at which they are put shall be within Bounds that we may know whether when we have Sufficient to make a full & ample Security.
Samuel Fitch (1724–1799) graduated from Yale in 1742, practiced law in Boston, served as advocate general of the Admiralty Court (1770–1776), and left Boston as a loyalist in 1776 (Law in Colonial Massachusetts, 343–344).
Mr. Torrey1of this Town one of our Coroners, made return of a writ by him Serv'd viz Jones v. Barker2 & at the same time told me their was an Error in it (the best miss it) would prove fatall thereto, viz, you declare on the 30th of June A.D. 1765 instead of 1764. the pltf. at Plimouth was possessd &c., the Deft. also he tells me is apprizd. of this & is of the same opinion of the Coroner. In case you should be of the same mind of the Coroner & Deft. I did not know but it might prevent you some trouble, to fill another writ from that returnd in my office, which I have Copied verbatim save the above Error, and alteration of the Court from the first to the Second tuesday in April. Shoud this Inteligence be any ways serviceable my ends are answerd, & should you incline to Indorse or fill another writ & send me I will take care the same is Served. Last week sent your blanks Mr. Tillson Ripley the Forman of Judge Olivers worke wch. hope youe received. I am yor. Verry humbe. Servt.
John Torrey had been appointed one of the coroners of Plymouth County, Jan. 28, 1762 (Whitmore, Mass. Civil List, 157).
The case of Jones v. Barker was heard at the Apr. 1765 session of the Plymouth County Court of Common Pleas. Amasa Jones of Colchester, Conn., merchant, represented by RTP, attached 325Josiah Barker, gentleman of Pembroke, deputy sheriff, represented by John Adams. The case involved the illegal conversion of £70 worth of goods which came into the defendants hands and which he refused to deliver to the plaintiff. The defendant pleaded not guilty with demurrer and joinder in demurrer. The judgment was for recovery of costs (16s.) by the defendant. The plaintiff appealed through James Hovey of Plymouth and Daniel Johnson of Bridgewater, Esqs. (Plymouth Court Records., 8:150).