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Legal cases - other families


Copy of a record of proceedings in court in which Thomas Wylmer of Coventr', mercer, was attached to answer to William Merler, the executor of the will of Richard Merler, in a plea `deceptionis super casum'. The plaintiff, by Thomas Gregorie his attorney, alleged that the defendant, 4 September 1523 in Coventr', bought of the said Richard Marler various items of cloth (specified) amounting to £4. 13s. 8d., which sum had not been paid either to the said Richard during his lifetime or to the said William Marler; also alleging that the said Thomas, on 2 July, 18 Henry VIII [1526] promised that he would pay the said sum on 2 August following; that before that date, i.e. on 12 July, the said William purchased of one Thomas Whyte at Coventr' diverse merchandise to the value of £4. 13s. 8d., promising that he would pay the money on 2 August; but, because the said Thomas Wylmer defaulted on 2 August, the said William was unable to pay his debt to Thomas Whyte and was compelled to enter into diverse bargains with him, for which he claims 10 pounds damages against the said Thomas Wylmer. Note in the hand of Thomas Gregory at the foot, that the will was dated 12 January 1526/7 and was proved 26 June 1527. Endorsed: a good presedent in an acceon of the cas.