596 Provincial Court Proceedings, 1675.
Liber M M force and virtue as wittnes Our hands & Seales the day & yeare
abovewritten Which being read & heard the said Jeremiah & John
Say nothing in barr or avoidance of the action aforesaid of him the
said Edward
Therefore it is this day to witt the foure & twentith day of No
vember in the 44th yeare of the Dominion of Caecilius &c Considered
by the Court here that the said Edward Roe recover against the said
Jeremiah Eaton & John Barke aswell the said summe of five thou
sand eight hundred Seventy foure pounds of tobacco the debt afore
said as also the summe of five hundred ninty two pounds of tobacco
for his costs & charges in that behalfe laid Out & expended and the
said Jeremiah and John in mercy.
James Nuthall Richard Bayley late of Calvert County was attached
agt to answer unto James Nuthall in a plea of trespas
Richard Bayley upon the case.
And whereupon the said James Nuthall by Kenelm Cheseldyn his
Attorny complaineth that whereas the said Richard Bayley the two
& twentith day of December in the yeare One thousand six hundred
seventy three stood indebted unto the said James Nuthall the summe
of fifteen hundred & fifty pounds of tobacco for One thousand
pounds of porke sold & delivered unto him the said Richard and also
the summe of three hundred sixty five pounds of tobacco for Six
Cow & steere hides and One doeskin sold and delivered at the same
time which said summes of fifteen hundred & fifty pounds of tobacco
and three hundred sixty five pounds of tobacco in the whole amount
to the sume of nineteene hundred & fifteen pounds of tobacco In con
sideration whereof the said Richard did assume upon himselfe & to
the said James did faithfully promise that he the said Richard the
said sume of nineteen hundred & fifteen pounds of tobacco to him
the said James when thereunto required to him the said James would
well & truly content & pay Notwithstanding which the said Richard
the said summe of nineteen hundred & fifteene pounds of tobacco to
him the said James according to his promise hath not paid though
often thereunto required but the same to pay hitherto hath & Still
doth deny to the damage of the said James two thousand five hun
dred pounds of tobacco And thereupon he bringeth his suite.
p. 574 And the said Richard Bayley by Robert Ridgely his Attorny corn
eth and defendeth the force and injury when &c and the said Richard
saith that as to fifteene hundred & fifty pounds of tobacco part of
the Said nineteene hundred & fifteene pounds of tobacco which the
said James hath above imposed upon him the said Richard saith that
the said fifteene hundred & fifty pounds of tobacco to him the said
James he hath paid by the hands of Thomas Sprigg and this he is
ready to averre whereupon he prayes judgment if the said James his
action aforesaid for the same ought to have And as to three hun-
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