Provincial Court Proceedings, 1676. 309

          to be paid at his then dwelling plantation in Kent County To the Liber N N
          which payment well & truly to be made the said Wells did thereby
          bind himselfe his heirs executors & admrs firmly by those presents
          Yet notwithstanding the said John Wells the said summe of three
          thousand five hundred & twelve pounds of tobacco or any part thereof
          to them the said Nicholas Goodridge & Partners according to the
          said bond though often thereunto required hath not paid or Satisfied
          but the same to pay or Satisfie hath hitherto altogether denyed &
          refused and Still doth deny and refuse to pay the same Whereupon
          the said Nicholas and partners say they are dampnified & have losse
          to the value of six thousand pounds of tobacco & thereupon they
          bring their suite.
           And the said John Wells in his proper person cometh & defendeth
          the force & injury when &c and prayeth heareing of the said bond
          and it is read unto him & he also prayeth the heareing of the Condi-
          tion of the said bond and it is read unto him in these words The
          Condition of this Obligation is such that if the abovebound John
          Wells shall well & truly pay or cause to be paid unto Nicholas Good-
          ridge & partners or his or their heirs executrs admrs Attorny or as-
          signes the sume of Seventeen hundred fifty six pounds of large and
          bright tobacco & caske at my now dwelling plantation at or before
          the last day of October next ensueing the date hereof That then this
          present Obligation to be void and of none effect else to remaine in
          full force & virtue, which being read and heard the said John Saith
          That as to nine hundred ninty six pounds of tobacco part of the said
          summe of seventeen hundred fifty six pounds of tobacco he bath
          paid to the said Nicholas & Partners hut as to Seaven hundred &
          sixty pounds of tobacco the remainder he cannot gainsay for that he
          oweth the same to them the said Nicholas & Partners whereupon
          the said Nicholas & Partners remaine against the said John thereof
          undefended Therefore it is granted by the Court the foure & twentith
          day of May 1676 that the said Nicholas Goodridge and Partners
          recover against the said John Wells aswell the said summe of seaven
          hundred and sixty pounds of tobacco the debt aforesaid as also the
          summe of six hundred fifty One pounds of tobacco costs of suite:

         Nicholas Goodridge & John Wells late of Kent County otherwise
             Partners called John Wells of the Province of Mary-
             agt land in Kent County gent was Suthoned to
          John Wellsanswer unto Nicholas Goodridge & Partners
          merchants of a plea that he render unto them
          the full & just summe of Seaven & twenty hundred fifty six pounds
          of good sound merchantable tobacco & caske which he oweth & un-
          justly deteineth.
           And whereupon the said Nicholas Goodridge & Partners by George
          Parker their Attorny say that whereas the said John Wells the foure