Provincial Court Proceedings, 1674/5. 527




      John Baker John Quigley late of St Maries Citty merchant was Liber M M
        agt attached to answer unto John Baker of St Maries Citty 513
      John Quigley Inholder in a plea of trespas upon the case.
        And whereupon the said John Baker by Robert Ridgely his At
      torny complaineth that whereas the said John Baker being a licensed
      Ordinary Keeper in the said Citty of St Maries the said John Quigiey
      the fiftenth day of March in the yeare of Our Lord One thousand
      Six hundred Seventy three untili the eight and twentith day of Octo
      ber then next following bought had and received of him the Said
      John Baker at the house of him the said John Baker in the said
      Citty ty of St Maries divers liquors dyetts and othcr accomodations as
      also Severall summes of mony and tobacco paid and disbursed by
      him the said John Baker for the use and by the Order of the said
      John Quigley amounting in the whole to the summe of twelve thou
      sand three hundred and five pounds of tobacco a particular whereof
      is here in Court produced In consideration whereof the Said John
      Quigiey did assume upon himselfe and to the said John Baker did
      faithfully promise that he the said John Quigiey the Said twelve
      thousand three hundred & five pounds of tobacco to him the said
      John Baker when thereunto required would well and truly pay and
      Satisfie Notwithstanding which the said John Quigley his promise
      and assumption So as aforesaid to him the Said John Baker made
      not regarding but deviseing and fraudulently intending him the said
      John Baker in this behaife craftily & Subtilly to defraud and deceive
      the said John Quigley the said Summe of twelve thousand three hun
      dred and five pounds of tobacco to him the Said John Baker though
      often demanded hath not paid or Satisfied but the same to pay or
      Satisfie hath refused and denyed & as yet doth deny to the damage
      of the Said John Baker of twenty thousand pounds of tobacco And
      thereupon he bringeth his Suite.
        And the Said John Quigley doth come to defend the force & in
      jury when &c and Saith that he did not promise and assume upon
      himselfe in manner and forme as the plaintiff hath above declared
      against him and of this he putts himseife upon the Country and the
      Said John likewise therefore it is Comanded the Sheriff of St Maries
      County that he cause to come here twelve &c
        Now here at this day to wit the fiftenth day of ffebruary in the
      43th yeare of his Lopps Dominion &c came the said John Baker and
      the Said John Quigley by their Attornyes and the jurors of that
      jury likewise came to wit John Bailey Wm Thomas Morgan Jones
      Henry Rider Jno Hunt Thomas Doxey Jno Doxey Joseph Edloe
      Richard Ackworth Raymond Stapelfort Daniel Clocker Senr &
      Thomas Gerard who being impannelied suthoned & Sworne to say
      the truth of & in the premisses upon their Oathes doe say they find
      for the plaintiff eleaven thousand eight hundred Sixty five pounds
      of tobacco which said verdict was by Order of Court first taken