SEPTEMBER, 1697 COURT 269

Cato Mackdaniell plantiffe: Thomas Orton Defendant

Prince Georges County Ss. Thomas Orton late of Prince Georges County
otherwise Called Thomas Orton of Calvert County in the Freshes of Pescattaway
Sadler was Sumoned to Answer unto Cato Mackdaniell of a plea that he Render
unto him the full and Just Sume of one thowsand pounds of good Sound Mar-
chantable tobaccoe in Caske which to him he oweth and unjustly Deteyneth etc.

And whereupon the Said Cato by William Stone his Attorney Saith that the
Said Thomas the 2d day of August in the yeare of our Lord 1694 at Charles
Towne within the Jurisdiction of this Court by his Certaine bill Obligatory which
the Said Cato with the Scale of the Said Thomas Signed bringeth here into Court
the date whereof is the day and yeare aforesaid Acknowledged himselfe to be
bound unto the Said Cato in the Said full and Just Sume of one thowsand pounds
of good Sound Marchantable tobaccoe in Caske to be paid unto the Said Cato
upon Demand Convenient in the Freshes of Pattuxent River to the which pay-
ment well and truly to be made the Said Thomas bound himselfe firmly by the
Said bill Nevertheless the Said Thomas the Said Sume of 1000 pounds of tobaccoe
in Caske Altho often Demanded the Same to the Said Cato hath not paid but
hath hitherto denyed and doth Still denye to the Dammage of the Said Cato of
2000 lbs. of tobaccoe and thereof he bringeth his Suite etc.

Pledges etc. John Doe, Richard Roe. William Stone.

And the Said Thomas Orton by John Meriton his Attorney Cometh and de-
fendeth the force and Injury when etc. And prayeth Leave thereof to Imparle
here untill the next Court and [247] It is granted unto him the Same day is
given to the plantiffe etc.

And now here at this day (to witt) the 28th day of September Annoque Domini
1697 here Came as well the Said Cato Mackdaniell as the Said Thomas Orton by
their Attorneys aforesaid and the Said Cato Mackdaniell prayeth that the Said
Thomas Orton to his Decleration aforesaid may Answer etc.

And the Said Thomas Orton by his Attorney aforesaid Cometh and Defendeth
the force and Injury when etc. And Saith nothing in barr of the Action of the
Said Cato Mackdaniell by which the Said Cato Mackdaniell Remaineth against
the Said Thomas Orton thereof without Defence etc.

Therefore it is Considered that the Said Cato Mackdaniell Recover against the
Said Thomas Orton the Sume of one thowsand pounds of tobaccoe his Debt
aforesaid and his damages by Occation of Deteyning the Said Debt two hundred
twenty four pounds of tobaccoe to the Said Cato Mackdaniell of his Assent by the
Court here Adjudged etc. And the Said Thomas Orton in mercy etc.

Joseph Story plantiffe: Thomas Webster Defendant

Joseph Story who brought the writt of our Sovereigne Lord the King against
Thomas Webster of a plea of trespass upon the Case etc. And hath not procecuted
his Said writt etc. Therefore hee and his pledges of procecuting be in mercy etc.
Lett the names of the pledges be Sought etc. And the Said Thomas Webster goe
thereof without Day etc.

It is Likewise Considered that the Said Thomas Webster Recover against the
Said Joseph Story his damages by Occation of the premises to two hundred Sixty
five pounds of tobaccoe to the Said Thomas Webster by the discretion of the
Justices here at his Request for his Costs and Charges in this behalfe Sustained
According to the Forme of the Stattute etc. by the Court here Adjudged etc.