Provincial Court Proceedings, 1674/5.    479

       Marke Cordea John Bailey late of St Maries County merchant was Liber M M
         agt attached to answer unto Marke Cordea in a plea of p.469
       John Bailey trespas upon the case
         And whereupon the said Marke by Kenelm Cheseiclyn his Attorny
       complaineth that whereas the said John Bally Stands indebted to
       the said Marke for Severall summes of tobacco at divers dayes &
       times to wit from the twentith day of March in the yeare One thou
       sand six hundred seventy three untill the tenth day of March One
       thousand six hundred seventy foure disbursed and paid unto severall
       persons in this Province On the behalf e of the said John at the spe
       ciall instance & request of him the said John to wit to the Honble
       Philip Calvert Esq the summe of foure hundred and eighty pounds
       of tobacco to George Wright eight hundred pounds of tobacco to
       Richard Ridgell One hundred pounds of tobacco to Elizabeth Bate-
       man foure hundred and fifty pounds of tobacco, to his Taylor One
       hundred & fifty pounds of tobacco to Robert Carvile eight hundred
       pounds of tobacco all which said summes in the whole doe amount
       to the summe of two thousand seven hundred & eighty pounds of
       tobacco In consideration whereof the said John did assume upon him
       selfe and to the said Marke did faithfully promise that he the said
       John the said severall sumes as aforesaid disbursed as aforesaid in
       the whole amounting to the summe of two thousand seven hundred &
       eighty pounds of tobacco when thereunto required the same to him
       the said Marke would well & truly content & pay And the said Marke
       in fact Saith that he the said Marke did disburse and pay unto the
       Severall persons aforesaid the aforesaid Severall summes of tobacco
       amounting in the whole to the said sume of two thousand Seven
       hundred & eighty pounds of tobacco On the behalfe of the Said John
       and at the Speciall instance & request of him the Said John Notwith
       standing which the said John Bailey the said Summe of two thou
       sand Seaven hundred & eighty pounds of tobacco according to his
       promise hath not paid though often thereunto required but the same
       to pay hitherto hath & Still doth altogether deny to the damage of
       the Said Marke foure thousand pounds of tobacco And thereupon
       he bringeth his suite.
         And the said John by George Oldfeild his Attorny cometh and
       defendeth the force and injury when &c and Saith that the said
       Marke his action aforesaid Ought not to have against him for that
       he saith that he alwayes was and Still is ready to pay unto the said
       Marke the said summe of two thousand seven hundred & eighty
       pounds of tobacco in the said declaration menconed if lawfully de
       manded and that he the said John did upon the seventh day of Octo
       ber One thousand six hundred seventy foure being the day he was
       arrested and before which time never any legall demand for the said
       debt was made tender unto the said Sheriff for the use of the said
       Marke a note for eight hhds tobacco of the proper goods of him the