Benjamin Curtis (1692 - 1757)

Born 14 Dec 1692 in Scituate, Plymouth, Province of Massachusetts Bay

Ancestors

Descendants

Died 21 Feb 1757 at age 64 in Hanover, Plymouth, Province of Massachusetts Bay

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Biography

BENJAMIN CURTIS

b. 14 Dec. 1692 Scituate

m. 13 Dec. 1716 Scituate, HANNAH PALMER (b. 8 Aug. 1695 Scituate, d. Feb. 1756 Hanover) 1865

d. 21 Feb. 1756 Hanover

Benjamin “resided on Union Street [No. 179] in the house owned and occupied for so many years by John Dwelley”.^[1]

At the Plymouth Court of Common Pleas for March 1732/3 Benjamin Curtis of Hanover, yeoman, sued Thomas Barker, Esq. of Pembroke, sheriff, for default and won a judgement of £30 and £2.18s.6d cost of court.^[2]

On 1 Mar. 1732/3 the town paid Benjamin, along with several others, 20s each for “killing wild cats”.^[3]

At the Court of Common Pleas, Dec. 1737, Nathan Bourn of Hanover, shipwright vs. Thomas Humphrys of Hingham, mariner, Thomas Gill, Gent. of Hingham, and Benjamin Curtis of Hanover, yeoman by attorney John Cushing Jr., Esq. for a debt on a bond dated 25 Feb. 1735 for £200 “Lawfull Money of New England” on demand. Default by the defendants with a judgment of £144.1s.6d and £3.14s costs of court. This was appealed by the defendants.^[4]

At the Court of Common Pleas in March 1738/9 Benjamin Curtiss Jr. of Hanover, yeoman sued Thomas Humphreys of Suffolk County, mariner for default on a bond dated 16 Sept. 1736 for £600 and received a judgment for £487.10d and £5.3s.6d costs of court.^[5]

However, at the same court Ben was sued by Nehemiah Cushing of Pembroke on a book account for £13.13s.8d and won a judgement for £9.13s.8d and £3.1s.6d cost of court.^[6]

On March 1741/2 at the Common Pleas Benjamin Curtiss Jr. of Hanover, yeoman sued John Hinshaw of Boston, wharfinger by attorney Samuel Tyley Jr. for £68.9s.6d due for 41 ½ cords of wood which John “had of the plaintiff by the hands of One Stephen Vinall”. Ben said that his refusal to pay was to his damage of £80. John pleaded that he never promised this. The jury found for Ben and awarded him £68.9s.6d and £8.17s.6d cost of court which was appealed and was reversed by verdict at the next court.^[7] One has to wonder who bought the wood and who ended up paying for it!

At the Court of Common Pleas in March 1742/3 Henchman Sylvester of Hanover, cordwainer, Nathaniel Sylvester of Hanover, shipwright, and Benjamin Curtiss Jr. of Hanover, yeoman or trader, vs. Joseph Gerrish and John Barril both of Boston, merchants by attorneys William Bollan, Gent. of Boston and Daniel Lewis Jr., Gent for £150 damages for refusing to pay £350 due for 5 months hire of the plaintiffs’ boat “the good sloop… Elizabeth and Hannah, burthen about Seventy five tons” at £70 per month. The plaintiffs said that on 30 Aug. 1740 they “hired and let to Freight the said Sloop and Appurtenances to them well fitted and found for a voyage to be made in her from Boston aforesaid to Trent River in North Carolina and if the defendants Agents or Factors at said Trent River should think fit to proceed to Cape fear in North Carolina aforesaid for her lading and from thence directly to Boston aforesaid Again, the Dangers of the Seas and inevitable Casualties excepted.” The ship owners also said that they were to be paid within 20 days “after her discharge” and that they have not been paid. The jury ruled for the plaintiffs for £87.10s and costs of court, taxed at £2.13s.3d of “lawfull money”.^[8]

Ben was on the jury of the Court of Common Pleas in Dec.1744.^[9]

At the Court of Common Pleas held in Dec. 1748 Samuel Curtis of Scituate, mariner vs. Gilbert Brooks, late of Weymouth, shipwright concerning £100 of old tenor notes which the defendant received of the plaintiff on 23 Oct. 1746 and for another £100 which the defendant received on 7 Dec. 1747 and which the defendant promised to repay on demand. Samuel said that Gilbert refused to pay “but absents himselfe and is gone out of the Province into parts remote and neither he nor his Estate can be Come at to be attached” to the plaintiff’s damage of £100. “Declaration was Filed in the Clerks office of the said Inferiour Court on the 17th day of November A.D.1748 and thereupon Thomas White yeoman, and Jonathan Damman shipwright both of Weymouth… Trustees of the within named Gillbert Brooks was Summoned to appear” at March court 1748/9.

Benjamin Curtis also sued Gilbert Brooks for £95 which the plaintiff at defendant’s request paid to George Bethune of Boston, merchant on 6 Oct. 1748 “for the Use of the said Gilbert which he… promised to pay said Benjamin on Demand but hath not done it but hath absented himselfe and gone out of the Province etc., which Declaration was Filed in the Clerks office of the Inferiour Court of Common Pleas… on the 11th Day of November A.D. 1748 and thereupon a Summory issued out of the said Office directed to the Sheriff of the said County of Plimouth Commanding him to Summon Amos Curtis of Scituate… yeoman, Simeon Curtis of Hanover… yeoman, Trustees of the said Gilbert to appear at this Court”. This was continued to the March court where both parties defaulted.

Also at the same court Benjamin sued Benjamin Senuit, late of Pembrook, seafaringman on account for £6.17s.5d due for sundries. Plaintiff said that the defendant “hath not paid the Same but absents himselfe and is gone out of the Province into parts remote, and neither he, nor his Estate can be Come at to be attached” to the plaintiff’s damage of £30. “John Rogers Jr. of Marshfield… yeoman, Trustee of the said Benjamin Senuit” was summoned to appear, however, he did not. ^[10]

I wonder if Ben ever recovered his money…. Well… looks like he got some of it:

At the Court of Common Pleas in Sept. 1749 Benjamin Curtiss of Scituate, yeoman sued John Rogers Jr. of Marshfield, yeoman “Trustee of Benjamin Senuit late of Pembrook… Seafareingman” on account for £6.17s.5d which case had begun in the Dec. 1748 term noted above. Judgement for £6.17s.5d and £4.5s.6d cost of court and John paid £6.2s.6d.^[11]

At the Court of Common Pleas in May 1750 Benjamin Curtiss of Hanover, yeoman sued Consider Howland of Plymouth, Innholder by attorney James Otis Jr. concerning a note dated 28 Dec. 1748 for £41.15s with the plaintiff claiming damages of £10 and had a judgement of £6.1s.2d and £2.6s.6d cost of court which was affirmed at the next court for £6.2s.4d and the cost of court had increased to £4.13s.5d.^[12]

Ben was a juror on the Court of Common Pleas in Sept 1750.^[13]

At the Court of Common Pleas in May 1752 Benjamin Curtiss of Scituate, yeoman attached Abiezer Holbrooke of Waymouth, yeoman for default on a 17 week note dated 4 March 1748 for £10.13s.4d and saw judgement for £2.11s.6 ½ d and £1.18s.11d costs of court. ^[14]

At the court in May 1753 Isaac Chittenden of Scituate, mariner attached Benjamin Curtiss of Hanover, yeoman on a note dated 10 Oct. 1752 for £4.16s with interest and won a judgment of £4.18s.11d and £1.17s.5d costs of court.^[15]

“Hanover, Dec. 26, 1755. The following persons gave in their accounts, as follows, viz:

These may certify that we the subscribers have not expended in our families or business, any spirituous liquors but only what we bought of Innholders or Retailers in this Province, in less quantities than 30 gallons, since December 26, 1754… Benjamin Curtis”.^[16] This was in response to a new excise tax on booze.

Children

• I. Benjamin- bpt. 27 Apr. 1718 Scituate, m. 9 Mar. 1740/1 Hanover, Naomi Bailey (bpt. 4 July 1725 Scituate)

• II. Thomas- bpt. 4 Sept. 1720 Scituate, m.1. 20 Aug. 1741 Hanover, Sarah Utter (d. 28 Dec. 1753 Hanover), 2. 26 Feb. 1756 Hanover, Ruth Rose (b. 13 Sept. 1732 Hanover)

• III. Luke- bpt. 11 Mar. 1722

• IV. Hannah- bpt. 1 Mar. 1724 Scituate, m. 7 June 1742 Hanover, Timothy Bailey (b. 20 Mar. 1709/0, bpt. 1 July 1711 Scituate)

• V. Caleb- bpt. 8 May 1726 Scituate, m. 30 Oct. 1752 Mercy Low (b. 2 Mar. 1728/9 Hingham)

• VI. Nathaniel- bpt. 31 Mar. 1728 Scituate

• VII. Rachel- bpt. 4 Oct. 1730 Hanover, m. 26 Oct. 1749 Hanover, John Gould

• VIII. Mary- b. 15 July, bpt. 6 Aug. 1732 Hanover, m. 25 Dec. 1751 Hanover, William Gould (d. 4 Feb. 1778 Hanson, MA)

• IX. Relief- b. Oct, bpt. 5 Nov. 1738 Hanover

Probate

The will of Benjamin Curtis of Hanover was dated 26 December 1754 and proved on 7 March 1757 in Plymouth. He mentions his wife Hannah, and his children, Benjamin, Thomas, Luke, Caleb, Hannah Bailey, Rachel Gould, Mary Gould, and Relief.^[17]

His inventory was taken on 15 March 1757 in Hanover.^[18]

Sources

1. ↑ History of the Town of Hanover- Jedediah Dwelley & John Simmons, Town of Hanover, 1911- Genealogical Work- pt. 2, p. 111
2. ↑ Plymouth County Court Records- Vol. V, p. 382
3. ↑ A Historical Sketch of the Town of Hanover- John Barry, Bazin & Chandler, Boston, 1853- pt. 1, p. 35
4. ↑ Plymouth County Court Records- Vol. VI, p. 58
5. ↑ Plymouth County Court Records- Vol. VI, p. 131
6. ↑ Plymouth County Court Records- Vol. VI, p. 158
7. ↑ Plymouth County Court Records- Vol. VI, pp. 288-9, 292
8. ↑ Plymouth County Court Records- Vol. VI, p. 333-4
9. ↑ Plymouth County Court Records- Vol. VII, p. 22
10. ↑ Plymouth County Court Records- Vol. VII, pp. 118-9
11. ↑ Plymouth County Court Records- Vol. VII, p. 139
12. ↑ Plymouth County Court Records- Vol. VII, pp. 158-9
13. ↑ Plymouth County Court Records- Vol. VII, p. 160
14. ↑ Plymouth County Court Records- Vol. VII, p. 207
15. ↑ Plymouth County Court Records- Vol. VII, p. 234
16. ↑ A Historical Sketch of the Town of Hanover- John Barry, Bazin & Chandler, Boston, 1853- pt. 1, pp. 171-2
17. ↑ "Massachusetts, Plymouth County, Probate Records, 1633-1967," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-G97D-XHC3 : 20 May 2014), Probate records 1755-1758 and 1859-1862 vol 14-14E > image 188 of 498; State Archives, Boston.
18. ↑ "Massachusetts, Plymouth County, Probate Records, 1633-1967," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-L97D-XHKG : 20 May 2014), Probate records 1755-1758 and 1859-1862 vol 14-14E > image 165 of 498; State Archives, Boston.

• A Historical Sketch of the Town of Hanover, Mass., with Family Genealogies- John Stetson Barry, Drake & Co., Boston, 1853. or at Archive p 272
• V.R. of Scituate, Hingham and Hanover