Robert Treat Paine Papers, Volume 2
This is only to inform you that I have this Day sold my House (which you have partly improved) at Taunton to Mr. Nehh. Liscome1; you will therefore please to give him the Possession of it and you'l oblige yr. hum. Sert.,
Nehemiah Liscombe was a trader at Taunton.
By Captn. Thomas Cobb is Just to Let you Know that I was Disappointed In not seeing you in Town In our Whale Case thô I have Been here one whole month. The favor I have now to aske of you is to Inclose and Send me to my house at Barnstable the Copys of all the Evidences Pro: and Con: By the First opportunity By the way of mr Warren or otherwise. The Case is Put of to the third day after the third Tuesday of January If you have Drawn a State of the Case Be Kind Enough to Send it me or else Shall Have Occasion to Take further Eviden
There is a dispute between Capt. Cobb & Mr. John Dennie which they have Submitted to the determination of Messrs. Scott Timmings & myself. The affair is this. In Feby. 1763 Mr. Dennie commenc'd an Action against one Martin, the writt was serv'd by John Lambert & Martin was440Committed to Goal, afterwards Capt. Cobb became Obligated for the Debt by his Note of hand to Mr. Dennie, & Martin was Discharged. This Note remain'd in Lamberts hands some time, untill Capt. Cobb or his Son made a Demand on him for a Debt due to one or both of them, & which was put into your hands to be Sue'd. Lambert on that put Cobbs Note to Dennie into your hands to be put in Suite likewise. Finally Lamberts Debt was Endors'd as so much paid on Capt. Cobbs Note. Mr. Dennie disavows this Transaction & says, Lambert had no authority to Transact any Bussiness for him but as an Officer, nor had any right to convert any part of his Note to his own use.
Afterwards vizt. the 22d July1 Mr. Dennie took a Note of hand of Lambert for £20:11:3, which Capt. Cobb says was a Settlement of other bussiness which Lambert had done for him, & in which he Allow'd the Endorsement to be good, but it appears that Note was for only the amount of that Endowment & the Interest on it from the time it was made to the time the Note was given. Mr. Dennie affirms he never allow'd that Endorsement, & when he took Lamberts Note it was by Capt. Cobbs desire, alledging that if he was oblig'd to pay the whole of his Note he should be a Sufferer without Mr. Dennie assisted him in that way, as he or his son had given Lambert a Discharge, & could make no demand of him. Mr. Dennie likewise says that when he sent Lamberts Note to you to be put in Suite it was by Capt. Cobbs desire, & was designd for his benefit.
There are other Curcumstances mention'd by the partys relating to this dispute, but the only Difficulty with us is, to determine wether Mr. Dennie ought to allow the Endorsment on the Note, or wither his Afterwards taking Lamberts Note does not confirm it in this we have no Evidence to direct our Judgment. One party affirms & the other flatly Denys.
I am desired therefore to beg the favor of you to recollect & Inform us if when these Notes was first put into your hands you saw any thing under Mr. Dennies Hand to Lambert or understood by any Conversation Afterwards with him that he had given him any Authority to transact that or any other affairs for him, or that he ever allow'd that Endorsment on the Note, & if you remember any thing relating to Mr. Dennie's taking the Note of Lambert either from what was said by Mr. Dennie or Capt. Cobb, in particular what directions Mr. Dennie gave when he sent it to you to be put in Suite. You'l please to Excuse my being so particular, but the partys differ so widely in their Accounts of the Affair, & we are not441like to get any light into it unless from you. Your Answer will greatly oblige the parties as well as Sir your most Humble Servt.
"1765" interlined at this point in a different ink.