Simon's Family History


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NB. The following has not been positively identified as belonging to our Thomas & David, but there is a good chance it is, as the date of the deal  fits in when David was in New York as a Merchant.
 

Thomas Galbreath & David Galbreath
v.
Abraham H. Schenck & Abraham Von Burin junr.

New Jersey, Supreme Court of the term of November in the year of our Lord one thousand seven hundred & ninety one.

Middlesex, to wit, Thomas Galbreath & David Galbreath complain of Abraham H. Schenck in custody & Abraham Von Burin junr. (of which said Abraham Von Buren junr. The sheriff of the County of Somerset hath returned that he is not to be found in his bailiwick) of a plea that they render unto them two hundred pounds lawful money of New Jersey, which to them they owe and from them unjustly detains & for this, to wit, that whereas the said Abraham H. Schenck & Abraham Von Burin on the sixth day of August in the year of our Lord one thousand seven hundred & eighty eight at New Brunswick in the County of Middlesex were indebted to the said Thomas and David in the sum of one hundred & forty three pounds fifteen shillings and two pence halfpenny two shillings and nine pence lawful money of New Jersey in gold & silver for divers goods wares and merchandize before that time sold & delivered by the said Thomas & David to the said Abraham H. Schenck & Abraham Von Burin at the special instance and request of them the said Abraham H. Schenck & Abraham Von Burin and they the said Abraham H. Schenck & Abraham Von Burin being so indebted, in consideration thereof afterwards, that is to say on the same day and year aforesaid at New Brunswick in the County aforesaid, and then and there faithfully promised the said Thomas & David, that they the said Abraham H. Schenck & Abraham Von Burin would well and truly pay and satisfy unto the said Thomas & David the said sum of one hundred and forty three pounds two shillings and nine pence, when they the said Abraham H. Schenck & Abraham Von Burin should be afterwards thereunto required, and whereas also the said Abraham H. Schenck & Abraham Von Burin, afterwards that is to say on the same day & year aforesaid at New Brunswick aforesaid in the County aforesaid in consideration that the said Thomas and David had before that time sold and delivered to them the said Abraham H. Schenck & Abraham Von Burin at the like special instance and request of them the said Abraham H. Schenck & Abraham Von Burin divers other goods wares & merchandizes, undertook and then and there faithfully promised the said Thomas & David that they the said Abraham H. Schenck & Abraham Von Burin would well and truly pay and satisfy unto the said Thomas & David so much money as the said last mentioned goods, wares and merchandizes, so as aforesaid sold and delivered, were reasonably worth at the time of the sale and delivery thereof, when they the said Abraham H. Schenck & Abraham Von Burin should be thereunto requested, and the said Thomas & David aver, that the said last mentioned goods wares and merchandizes, so as aforesaid sold and delivered, were reasonably worth at the time of the sale and delivery thereof, ? one hundred and forty three pounds two shillings and nine pence of like lawful money, that is to say at New Brunswick aforesaid in the County aforesaid whereof the said Abraham H. Schenck & Abraham Von Burin afterwards that is to say on the same day and year aforesaid last above mentioned there had notice from the said Thomas & David. And whereas also, the said Abraham H. Schenck & Abraham Von Burin afterwards that is to say on the same day and year aforesaid at New Brunswick aforesaid in the County aforesaid had accounted together with the said Thomas & David of and concerning divers other sums of money before that time due and owing from the said Abraham H. Schenck & Abraham Von Burin to the said Thomas & David and then being in arrear and unpaid, and upon that accounting, the said Abraham H. Schenck & Abraham Von Burin had been then and there found in arrear to the said Thomas & David in one hundred and one pounds, fifteen shillings and two pence halfpenny like lawful money, and being so found in arrear they the said Abraham H. Schenck & Abraham Von Burin in consideration thereof afterwards, that is to say on the same day & year last above mentioned at New Brunswick aforesaid in the County aforesaid undertook and then and there faithfully promised the said Thomas and David, that they the said Abraham H. Schenck & Abraham Von Burin would well and truly pay and satisfy unto the said Thomas and David the said sum of one hundred and one pounds, fifteen shillings and two pence halfpenny when they the said Abraham H. Schenck & Abraham Von Burin should afterwards be thereunto requested. Yet the said Abraham H. Schenck & Abraham Von Burin in no wise regarding their aforesaid several promises and undertakings made in manner aforesaid but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said Thomas and David in this behalf have not as yet paid, or in any wise satisfied the aforesaid several sums of money or any part thereof to the said Thomas & David although they the said Abraham H. Schenck & Abraham Von Burin, afterwards that is to say on the same day and year aforesaid at New Brunswick aforesaid in the County aforesaid were requested by the said Thomas & David to pay them the same but they have hitherto wholly refused and still do refuse to pay the same to the damage of the said Thomas & David, two hundred pounds and thereof they bring suit & pledges &c. John Doe & Richard Roe..

And Kirkpatrick Att for Plff.

Middlesex, to wit, Thomas Galbreath and David Galbreath put in their place and Mr Kirkpatrick their Attorney, against Abraham H. Schenck & Abraham Von Burin in a plea of debt.

Judgment April 6 1792 for £140.4.4
Costs £7.16.4
Total £148.0.8


Thomas Galbreath & David Galbreath  
v.  
Abraham H. Schenck & Abraham Von Burin junr.

New Jersey to wit, The State of New Jersey to our Sheriff of our County of Middlesex, Greeting, We command you that of the goods and chattels lands and tenements in your bailiwick of Abraham H. Schenck & Abraham Von Burin junr you cause to be made as well a certain debt of one hundred and forty pounds four shillings and four pence lawful money of New Jersey in gold and silver, which Thomas Galbreath and David Galbreath lately in our Supreme Court of Judicature at Trenton, before our Justices of our said Court, recover against them, as seven Pounds sixteen shillings & four pence like money aforesaid which in our same Court before our Justices aforesaid were adjudged to the said Thomas and David for their damages which they had sustained as well by reason of the detention of that debt as of their costs and charges by them about their suit in that behalf expended, and that you have those monies before our Justices aforesaid at Trenton aforesaid on the second Tuesday in September next and to render unto the said Thomas and David for their debt and damages aforesaid so as aforesaid recovered against the said Abraham H. Schenck & Abraham Von Burin junr whereof they are convicted as appears of record , and that you have then there this writ.

Witness the Honorable James Kinsey Esq., our Chief justice at Trenton aforesaid the ninth day in April in the year of our Lord one thousand seven hundred and ninety two. 

Kirkpatrick Att            Howell, Clk 

Witness the Honorable James Kinsey Esq., our Chief justice at Trenton aforesaid the .. day in May in the year of our Lord one thousand seven hundred and ninety two.

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An identical order was made on the .. of May ordering the said monies be rendered by the first Tuesday in September.

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By virtue of the within writ to me directed I .. seized and taken one moity or equal half of a large brick house & Lot thereunto belonging situate on the north side of Albany Street in the City New Brunswick subject to prior executions & incumbrances & are to the value of five shillings & remains unsold for want of buyers.
Thomson Stelle Sheriff.

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Also an identical statement was made by the sheriff except that he placed the house on the south side of Albany Street.


Acknowledgments to New Jersey State Archives – Supreme Court Case File # 14618
 


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