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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