's hand. Pleadings Book, p. [34–35]
. The writ, dated 31 Aug. 1770 and returnable to the Oct. 1770 Suffolk Inferior Court,
was probably drafted by Samuel Fitch, who entered the action there. The Inferior Court
Minute Book indicates that “Ad[ams]” represented the defendant in Jan. 1772, when
£80 damages were awarded to the plaintiff on a demurrer to the plea. According to
copies of the proceedings below in the Superior Court files, however,
appeared for the plaintiff, and the defendant was represented by Josiah Quincy Jr.
It is probable that the Minute Book entry is a clerical error. On appeal to the Superior
Court the matter was referred, and in Feb. 1773 the defendant was awarded costs of
£7 8s. 2d. Min. Bk., Inf. Ct.
Suffolk, Oct. 1770, No. 280; Jan. 1772, No. 21; SCJ Rec.
1773, fol. 3; Min. Bk. 95, SCJ
Suffolk, Feb. 1772, N–10; Min. Bk. 98, SCJ
Suffolk, Feb. 1773, C–40; SF
102250b. Papers in the file indicate that the goods in suit were in storage at Greenoch,
Scotland, where they had been unloaded at the desire of the majority of the cargo
owners when the vessel had been seized in an action against her owner. The declaration
is one in special assumpsit that that does not set out a bill of lading in express
terms, but in reciting the contract uses the standard language of the bill. For similar
forms, see 2 Chitty, Pleading
159–161; Perham, American Precedents
141–142. For a similar but much simpler form, see Holden v. Conner, Form I.