544  Provincial Court Proceedings, 1675.




          Liber M M  Saith that he the said Henry did receive the said thirteene hundred
                  fifty two pounds of Sugar as the neate produce of the said foure
                  hogeshead of tobacco received & sold for the proper use of him the
                  said Benjamin Notwithstanding which the said Henry the said thir
                  teene hundred fifty two pounds of Sugr nor the value of the same
                  according to his promise and assumption aforesaid hath not paid &
                  Satisfied to him the said Benja though often thereunto required but
                  the same to pay & Satisfie hath and Still doth altogether deny and
                  refuse to the damage of the said Benjamin Seaven thousand pounds
                  of tobacco And thereupon he bringth his suite.
              p.527 Now here at this day to wit the fifth day of May in the 43th yeare
                  of the Dominion of Caecilius &c Came the said Henry Sprye in his
                  proper person and defendeth the force and injury when &c and saith
                  nothing in barre or avoidance of the action aforesaid of him the said
                  Benjamin for that he oweth the said Benjamin the said quantity
                  the said of thirteene hundred fifty two pounds of Sugar in such
                  manner & forme as the said Benjamin hath above declared against
                  him therefore it is considered by the Court here that the Said Ben
                  jamin recover against the Said Henry the summe of three thousand
                  pounds of tobacco for his damages by Occasion of the trespas afore
                  said as also the Summe of five hundred Seventy two pounds of
                  tobacco costs of Suite & the Said Henry in mercy &c.

                  John Quigley Garrett Vansweringen late of St Maries Citty
                     agt otherwise called Garrett Vansweringen of the
              Garret Vansweringen   Citty of St Maries in the Province of Mary
                                land Gent was Suthoned to answer unto John
                                Quigley Gent One of the Attorneyes of this
                                Court according to the liberties and priviledges
                                of Attornyes and other ministers of the Same
                                Court allowed in a plea that he render unto
                                him One hundred and fourteene thousand nine
                                hundred and fifty pounds of tobacco which to
                                him he oweth and unjustly deteineth
                   And whereupon the Said John in his proper person Saith that
                  whereas the Said Garrett upon the tenth day of July in the yeare
                  of Our Lord One thousand Six hundred Seventy foure by his cer
                  taine bond or writeing Obligatory Sealed with the Seale of the Said
                  Garrett here in Court produced whose date is the day and yeare
                  abovesaid did con fesse and acknowledge himselfe to Owe and Stand
                  indebted unto the Said John Quigley the full and just quantity or
                  Summe of One hundred and fourteene thousand nine hundred and
                  fifty pounds of good Sound and merchantable tobacco and casque
                  to be paid to the Said John Quigley his heirs executors administra
                  tors or assignes Yet the said Garrett Vansweringen the Summe of
                  One hundred & fourteene thousand nine hundred and fifty pounds