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Supreme Court of New York
Please [sic. pleas] before the
people of the State of New York of the term of July and August in the
year of our Lord one thousand seven hundred and eighty eight Witness
Richard Morris Esquire Chief Justice
McHesson
David Galbreath
puts in his place Joseph Winter his attorney against Catharine
Livingston otherwise called Catharine Livingston of the City of New York
in a plea of debt
Catherine Livingston puts in her place Cary Ludlow
her attorney at the suit of David Galbreath in the plea aforesaid
Be it remembered that on the last Tuesday in July in the same term
before the people of the State of New York in their Supreme Court of
Judicature at the City of Albany came the said David Galbreath by Joseph
Winter his attorney and bought into the court of the people then there
his certain Bill against Catharine Livingston otherwise called Catharine
Livingston of the City of New York in County etc. in a plea of debt etc.
and there are pledges of prosecution to wit John Doe and Richard Doe
which certain Bill follows in these words to wit - New York ss David
Galbreath complaining against Catharine Livingston otherwise called
Catharine Livingston of the City of New York in County etc. of a plea
that the owes? Unto him one hundred and forty pounds current money of
New York which is …. Owes and from him she unjustly detains for that to
wit that Whereas the said Catharine Livingston on the thirteenth day of
October in the year of our Lord one thousand seven hundred and eighty
eight at the City of New York at the dockward of the said city by her
certain writing obligatory with the seal of her the said Catharine
Livingston sealed and to the Court of the People now here shewn the date
whereof is the same day and year acknowledged herself to be hers and
firmly bound unto the said David Galbreath in the aforesaid sum of one
hundred and forty pounds to be paid to the said David Galbreath when she
the said Catharine Livingston should be thereunto afterwards required
Nevertheless the said Catharine Livingston although after required
the aforesaid sum of one hundred and forty pounds to the said David
Galbreath hath not paid but the same to him as yet to pay to him for the
same in any wise to content hath hitherto altogether refused and still
doth refuse to the damage of him the said David Galbreath thirty pounds
and thereof he brings this suit etc.
And the said Catharine
Livingston by Cary Ludlow her attorney comes and defends the force and
injury when etc. And that she cannot deny the action aforesaid of him
the said David Galbreath nor but that the writing obligatory aforesaid
is the deed of her the said Catharine Livingston nor but that she oweth
to the said David Galbreath the said sum of one hundred and forty pounds
in manner and form as the said David Galbreath above thereof against her
doth complain
Therefore it is considered that the said David
Galbreath recover against her the said Catharine Livingston the debt
aforesaid and Also four? Pounds thirteen shillings for his damages which
he hath sustained as well by occasion the detention of that debt as for
his costs and charges by him about his suit in that behalf expended by
the Court of the People now here of his assent adjudging and the said
Catharine Livingston mercy etc.
Judgement Signed this twenty
sixth day of August anno dom. 1788
Supreme Court of New York
files - P 120 D8
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