92        Provincial Court Proceedings, 1675.

            Liber N N And whereupon the Said John Rider by Robert Ridgely his At-
                   torny complaineth that whereas the Said John Quigley at New York
                   aforesaid the eightenth day of October One thousand Six hundred
                   Seventy One haveing certaine Comünication with One Philip Udall
                   of fflushing upon Long Island about the purchase of a certaine negro
                   woman called Nan the said John Rider at the Speciall instance and
                   request of the said John Quigly did become joyntly bound with
                   Quigley to the said Udall for the Summe of two thousand weight of
                   good merchantable tobacco in caske to be delivered to the said Philip
                   Udall his heirs or assignes at or before the first day of May next
                   ensueing the date thereof at the Weigh house in New York aforesaid
                   free of all Charges for the just and true performance whereof the
                   said John Quigley and the Said John Rider On the behalf e & earnest
                   request of the said John Quigley did bind themselves their heirs
                   executors and admrs in the full Summe of foure thousand weight.
                   And whereas also the said John Quigley afterwards to wit the
                   second day of December 1671 at New Yorke aforesaid well weighing
                   the Kindnesse the said John Rider had done him in being bound
                   with him as aforesaid to the Said Udall did assume upon himselfe
                   and to the said John Rider did then & there faithfully promise to
                   save and Keepe harmless the Said John Rider his heirs executors or
                   administrators from the payment of the said tobacco and all trouble
                   and charges that might arise upon that accompt as the Security of
                   the Said Quigley as aforesaid or else upon failer thereof to pay
                   unto the said John Rider the Summe of fifty pounds stert And the
                   Said John Rider in fact saith that On the seventh day of September
                   One thousand six hundred seventy five at New Yorke aforesaid in
                   the Mayors Court there the said Philip him the said John Rider
                   for the Said two thousand pounds of tobacco did implead and against
                   the said John Rider in the said Mayors Court judgment for the Same
                   together with the usuall interest at six per Cent with costs of suite
                   did Obtaine whereby action hath accrued to the said John Rider to
                   require and have of the Said John Quigley the said Summe of fifty
                   pounds Sterling according to his promise and assumption aforesaid
                   Yet the aforesaid John Quigley his promise and assumption so as
                   aforesaid made little regarding but deviseing and fraudulently in-
                   tending him the said John Rider of the aforesaid fifty pounds Ster-
                   ling to defraud and deceive the said fifty pounds sterling to him
                   the said John Rider according to his pmise and assumption afore-
                   said hath not paid though often thereunto required but the same to
                   pay hath denyed and as yet doth deny to the damage of the said
                   John Rider One hundred pounds Sterling and thereupon he bringeth
                   his Suite.
                     And the Said John Quigley in his proper person cometh and de-
                   fendeth the force and injury when &c and prayeth liberty of Speake-
                   ing hereunto untill the next Provinciall Court the same day is given
                   to both parties.