Case File No. 12

John Dollard v. John Neile (also Neale)
16 October 1818
Before Robert Carter, JP

To recover £2..10. for Washing for Commerford & others who had their fish cured on defets. Room ~

Plaintiff stated that sufficient fish was left with deft. by the persons for whom the Washing was done—to pay his demand—which the deft denying—Patrick Aylward was Sworn, who deposed—that he was present when Mrs dollard demanded payment from Commerford for washing—That Commerford and dollard went together to John Neile, and Commerford asked Neile if he would pay for his Washing if he would leave fish for that purpose ~ and deponent said that Commerford did leave Seventeen quintals of fish with Neile on his leaving Fermuse, but cannot say for what purpose ~ Neale said he stopt fish belonging to Commerford to pay himself for curing his fish, but received no fish for the purpose of paying plaintiff-~ No sufficient evidence appearing to prove that fish was left by Commerford to pay the Washing

Judgment Non Suit ~

Second Hearing
30 October 1818
Before Robert Carter, (local) Surrogate and JP

The was an Action, demanding fish from the defendant which plaintiff Stated was left on defendants fishing Room to be delivered to the plaintiff for washing done by his Wife for Commerford and others ~ which the deft. denying ~

Thomas Keith Master of the Voye. for deft. house-deposed that Commerford carried all his fish to St. Johns except about 15 qtls which he left on the Room to pay for fish making and other debts which he owed to the deft. and that he left no uncured fish on the Room ~ It appeared that the evidence of Aylward taken at Do. was incorrect, which stated 4 quins. of part cured fish being left on the Room by Commerford ~ Judgmt Non Suit ~ Confirmed

Sources: PANL, GN 5/1/C/1, Ferryland, 59 and 61, John Dollard v. John Neile (also Neale), 16 and 30 October 1818.