Provincial Court Proceedings, 1670.     541

    he is dampnified and hath losse to the value of foure thousand pounds Liber JJ
    of tobacco and thereupon he bringeth his suite.
      And the said Gannett by Robert Carvile his Attonny cometh and
    defends the force and injury when &c and the same Attorny sayes
    that he is not informed by him the said Gannett his Client of any
    answer to the said William to be given as to nine hundred pounds
    pant of the said summe of three thousand pounds of tobacco by which
    he nemaineth against the said Gannett thereof undefended, Thenefone
    it is considered off by the Count here to witt the sixtenth day of
    April in the xxxviiith yeare of his LOpps Dominion &c that the afore-
    said William doe recover against the said Gannett of the estate of
    the said William Thellowalle the said summe of nine hundred pounds
    of tobacco with costs of suite.

    Thomas Mathews agt John Allen late of Charles County merchant
    Jno Allell admr administnator of the goods and Chattells of
      Jno Hitchinson j John Hitchinson deceased was sumoned to
    answer unto Thomas Mathews in a plea of tnespas upon the case
      Whereupon the said Thomas by Benjamin Rozer his Attorny saith
    that whereas the said John Hitchinson in his life time that is to say
    the last day of August in the yeane of Our Lord One thousand six
    hundred sixty seaven did owe and stand indebted to the said Thomas
    the summe of foune thousand foure hundred sixty nine pounds of
    tobacco for meate drink lodging phisick and other accomodations by
    him before that time had and received of the said Thomas he the said
    John Hitchinson in consideration thereof did assume upon himselfe
    and to the said Thomas then and there faithfully promised that the
    said summe of foune thousand foure hundred sixty nine pounds of
    tobacco he would to the said Thomas pay upon demand yet notwith-
    standing the said John Hitchinson in his life time his promise and
    assumption aforesaid little regarding and the aforesaid John Allen
    after the death of the aforesaid John Hitchinson to whom the admin-
    istration of all the goods and Chattells which were the aforesaid John [p. 86]
    Hitchinsons at the time of his death by the Cheife judge for probate
    of Wills and granting of administrations committed and to him suf-
    ficient goods and chattells to pay all the debts of the said John de-
    ceased came to be administred although often requested the afore-
    said foure thousand foure hundred sixty nine pounds of tobacco did
    not pay or satisfie and the said John Allen the same to pay or satisfie
    as yet doth deny and refuse to the great damage of the said Thomas
    and thereupon he bringeth his suite
       And the said John Allen by Robert Carvile his Attorny cometh
    and defendeth the force and injury when &c and the same Attorny
    saith that he is not informed by the said John his Client of any answer
    to be to the said Thomas given by which the said Thomas remaineth
    against the said John undefended therefore it is considered off by