| 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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