Volume 67, Page 325 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 325 Smith who being Elected tryed & sworne to say the truth in the Liber N N prmisses upon their Oaths doe say Wee finde for the Defendant, Therefore itt is considered by the Court here that the said Morgan Jones recover agt the said Wm Kent the sume of pounds of tobacco for his costs & charges by him about his defence in this behalfe laid out & expended And the said Wm Kent in mercy for his false claime. Mr Robert Ridgely Pray acknowledge satisfaction for me upon the judgemt I obtained This June Court upon the Nonsuite between Wm Kent plaintiffe & p. 561 me Morgan Jones Defendt for so doeing this shall be yor Warrant Wittnes my hand June 17th 1678. Morgan Jones Wittnes John Wynn Tho: Jones Jno Blomfeild James Stavely John Brooke late of Dorchister County Chirurgion agt otherwise called John Brooke in the Province of John Brooke Maryland was Sumoned to Answer unto James Stavely of a plea that he render unto him the full sume & just quantity of thirteen thousand three hundred forty & foure pounds of good sound & every way well condiconed Mrchant able tobacco in cask which he oweth him & unjustly detaineth And whereupon the said James Stavely by George Parker his Attorney saith, that whereas the said John Brooke the one & twen tieth day of April in the yeare of our Lord God One thousand six hundred seventy & seven by his certaine bond or writeing obligatory sealed with the seale of the said John Brooke & here in Court pro duced whose date is the day & yeare first abovesaid, was holden & firmly bound to James Stavely of Cecil County Mrchant in the full sume & just quantity of thirteen thousand three hundred forty & foure pounds of good sound & every way well condiconed Wchant able tobacco in cask to be paid to the said James Stavely or to his certaine Attorney his Exrs Admrs & assignes To which paymt well & truely to be made & done he the said John Brooke did binde him selfe his heyres Exrs & Admrs firmly by those prsents Notwithstand ing which the said John Brooke the said sume of Thirteen thousand three hundred forty & foure pounds of tobacco in cask according to the tenour of the said bond or writeing Obligatory although often demanded hath not paid, but the same to pay hath refused & still doth refuse, Whereupon the said James Stavely saith he is damnified & hath losse to the Value of twenty thousand pounds of tobacco & thereupon he bringeth his suite And the said John Brooke bie[?] Charles Boteler his Attorney comes & defends the force & injury when &c & prayeth hearing of the said bond or writeing obligatory & itt is read unto him, he also pray eth the hearing of the Condicon of the said bond or writeing obliga tory & itt is read unto him in these words The Condicon of this prsent |
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Volume 67, Page 325 View pdf image (33K) |
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