Volume 66, Page 239 View pdf image (33K) |
Provincial Court Proceedings, 1676. 239 Thomas Bell & Philip John Rawlings late of Dorchester County Liber N N ffrench & Compa otherwise called John Rawlings of Dorches— agt ter County in the Province of Maryland John RawlingsBoatewright was Suthoned to answer unto Thomas Bell and Philip ffrench & Company of London merchants of a plea that he render unto them the full & just quantity of twenty foure thousand pounds of good sound mer- chantable tobacco & caske which to them he oweth and unjustly deteineth. And whereupon the said Thomas Bell & Philip ffrench & Compa by Robert Ridgely their Attorny say that whereas the said John Rawlings the two & twentith day of January 1674 by his certaine writeing Obligatory sealed with the seale of him the said John & here in Court pduced whose date is the day and yeare aforesaid did acknowledge and confesse himself e to Owe & stand indebted unto the said Thomas & Philip and Compa the just & full quantity of twenty foure thousand pounds of good sound merchantable tobacco & caske due to be paid at the then dwelling house of the said John in Dorchester County at or before the tenth day of October then next ensueing the date of the same writeing Obligatory unto the said Thomas and Philip & company or either of their heirs executors or administrators or ifactors To the which payment well & truly to be made he the said John did bind himselfe his heirs executors and administrators firmly by those presents Yet the said John Rawlings the said twenty foure thousand pounds of tobacco to them the said Thomas and Philip and Company according to the tenor of the said writeing Obligatory though often thereunto required hath not paid but the same to pay hath denyed and as yet doth deny whereupon the said Thomas and Philip and Compa say they are damnified and have lost to the value of thirty thousand pounds of tobacco and thereupon they produce their suite. And the aforesaid John Rawlings in his proper person cometh & defendeth the force & injury when &c & the said John prayeth the heareing of the said writeing Obligatory and it read unto him he also prayeth the heareing of the Condition of the said writeing Obligatory and it is read unto him in these words The Condition of the above Obligation is such that if the abovebound John Rawlings his heirs executors & admrs shall well & truly pay or cause to be paid at the place abovementioned twelve thousand two hundred and three pounds of good sound merchantable tobacco & caske at or before the tenth day of October next unto W Thomas Bell & Philip ffrench & Com- pany or ifactor without fraud or covin that then this Obligation to be void & of none effect else to remaine in full force & vertue to the which I have sett my hand & seale the day and yeare abovewritten. Which being read & heard the said John as to the said summe of twelve thousand two hundred and three pounds of tobacco in the |
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Volume 66, Page 239 View pdf image (33K) |
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