The following document presents a summary of the first trial (Case No. 59) and then proceeds to a summary of the arguments in the second trial (Case No. 62):
"New London County Court June Term 1763 --- Powers vs. Angel, Jr. and now said Plaintiff Jerusha / by her father and natural guardian Samuel Powers of said New London, comes into Court and charging, replies to the plea in barr of defendant Angel above pleaded and pleads and says that though true it is that said William and plaintiff Jerusha did on the first day of June 1762 meet together in order to accommodate plaintiff's matter, yet the plaintiff further says that defendant William and plaintiff Jerusha being so met did then and there agree, that plaintiff William then and there pretending to plaintiff Jerusha that he would marry plaintiff Jerusha in case she would accommodate plaintiff's matter - whereupon the said William agreed to give and execute to the plaintiff Jerusha two notes of hand for £10: each payable to plaintiff Jerusha, one in 6 months from the first day of June and the other payable ye first day of September then [illegible word] and in consideration aforesaid the plaintiff Jerusha did then and there by a writing under her hand acquit and discharge plaintiff William from the action and also sent an order to said Daniel Coit Esquire to stop proceedings thereon, therein informing said Coit that the matter was settled -- Yet the plaintiff Jerusha by her said natural guardian further pleads and says that at the time of said agreement and settlement entered into as aforesaid, being [illegible word] and induced thereunto by the defendant as aforesaid, she, the said Jerusha, was a minor under the age of twenty one years and by law could make any agreement as aforesaid and the plaintiff's agreement was made entirely without the knowledge, privity or consent of said guardian and immediately after said agreement was made as aforesaid, the defendant William utterly refused to marry said Jerusha and said guardian afterwards [ illegible word] on said 1st day of June, being informed of said agreement etc., he did then and there utterly disclaim and refuse to consent to said agreement or to approve of the same, and then and there tendered said notes to ye defendant, etc."
Here, Samuel Powers contends that Jerusha, who was a minor at the time of the original complaint on 25 May 1762 and of her agreement with William Angel, Jr. on 1 June 1762, “could not make any agreement as aforesaid . . . entirely without the knowledge, privity or consent of said guardian.” Samuel Powers goes on to state that “immediately after said agreement was made as aforesaid, the defendant William utterly refused to marry said Jerusha.” This suggests that Samuel Powers might have been prepared to accept the agreement if William had married Jerusha. However, it looks like when William, immediately after the agreement was made, said that he would not marry her, Samuel decided to reject the agreement and returned the notes to William then and there.
(to be continued)
Notify Administrator about this message?
|Home | Help | About Us | Site Index | Jobs | PRIVACY | Affiliate|
|© 2007 The Generations Network|