Volume 60, Page 44 View pdf image (33K) |
44 Charles County Court Proceedings, 1666—1668. Liber C can make appeare for wch said sumes they being 1111 lb of tobac he Craveth ordr of this Worple Crt And &c. Whereupon the Defendts Confesse a judgment to the Plaintife Ordered Therefore That the Defendts pay unto the Plaintife the sume of eleaven hundred and eleaven pounds of tobac Nicholas Grosse Plf Walt: Beane Deft The Plf suthoning the Defendt in his aeon of Detinue to the value of 412 lb of tobac preferreth his following Declaracon (vizt) To the Worple the Comissionrs of Charles Countie. Nicholas Grosse of the same Countie Planter complaineth agt Walt. Beane of the same Countie gent for that Whereas the sd Walter Beane by his Recr Jonathan Marler did receave of the said Nicholas Grosse the sume of 412 lb of tobaccoe over and above his just debt of thirteene hundred & fiftie pounds of tobaccoe as by the receipt under hand; of the said Jonathan Marler dated the sixth of November 1665 doth appeare and the said Beane hath disposed of the said sume of 412 lb of tobacc to his owne proper use and benefit yet notwith- standing the sd Beane doth unjustlie detain and refuse to pay or in anie wise satisfie the said Groce for the said sume of foure hundred [p. 93] and twelve pounds of tobaccoe contrarie to all Lawe and Justice, whereby the said Groce is damnified to the value of eight hundred pounds of tobac And thereupon he brings his suite Whereupon in Confirmacon of the said Declaracon the Plaintife humblie requesteth That his evidences may be sworne wch was graunted Richard Morrice aged about 30 yeares and sworne in open saith That W Beane came to his house one Morning, Nicholas Groce being there at the same time and they both falling into dis- course about the said debt Nicholas Groce asked W Beane if he would pay it, to wch Mr Beane replied if I owe you anie thing I will pay it but said I owe you none; In fine saith Mr Beane unto the said Groce What will you abate, to wch the said Groce answered he would quitt the 12 lb of tobac Will you take 300 lb saith Mr Beane, No saith Nicholas Groce; Then saith Mr Beane thou shalt not get a pound, and this Depont further saith not Jonathan Marler aged about 26 yeares and sworne in open Crt saith That he this Depont was requested of Mr Walter Beane the sume of thirteene hundred and fiftie pounds of tobac whereupon 3 hogsheads not paying the debt the sd Depont receaved 4 hogsheads wch paid the same wth overplus of 412 lb of tobac and this Depont gave his receipt for the said 4 hogsheads and this Depont further saith: That 2 of the said 4 hogsheads were paid unto Mr Beanes Carpenter for building a tobac house; and the other two were paid unto this Depont in parte of satisfacon for 6 hogsheads wch this Depont |
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Volume 60, Page 44 View pdf image (33K) |
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