| Volume 67, Page 362 View pdf image (33K) |
362 Provincial Court Proceedings, 1677/8.
Liber N N well & truely content & pay And the said Stephen in fact saith, that
the said John in his life tyme did procure buy & cause to be delivered
to the said Philip the said thirty barrells of Monadoes beer And for
the same the said John in his life tyme to the said Marke Cordea did
pay six thousand pds of tobacco & cask Notwithstanding which the
said Philip his promise & assumpcoñ so as aforesaid made little
reguarding but deviseing & fraudulently intending him the said John
Bailey of the said six thousand pounds of tobacco so as aforesaid
disbursed for him to deceive & defraud, the said sume to him the said
John Bailey in his life tyme nor to the said Stephen since his death
to whom the Adcon of all & singuler the goods Chattells & Creditts
of the said John since his death hath bin comitted hath not paid,
but the same to pay hath denyed & gainesaid, & the same to pay as
yet doth deny & gainsay in retardacon of the Admcon of the said
John & to the damage of the said Stephen Eight thousand pds of
tobacco & thereupon he produceth his suite And the said Stephen
bringeth into Court here the Letters of Admeon to him granted upon
the Estate of the said John Bailey, that itt may appeare to the Court
here that of the Estate of the said John he hath the Admcon
And the said Philip Lynes by Christopher Rousby his Attorney
cometh & defendeth the force & injury when &c and prayeth licence
to imparle hereunto untill next Provinciall Court & itt is granted
unto him the same day is given to the plaintiffe also.
Now here att this day to witt the seventeenth day of June in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678. came the said parties by their Attorneys aforesaid And the
said Philip by his said Attorney saith that he the said Stephen his
accon aforesaid agt him the said Philip ought not to have, because
he saith, that he the said Philip is not guilty of trespas aforesaid
by the said plaintiffe in his said declaracon in manner & forme a fore
said imposed upon him the said Philip, & of this he putts himselfe
upon the Countrey, & the said Plaintiffe likewise. Whereupon itt
is comanded the Sheriffe of St Maryes County that he cause to come
here twelve &c by whom &c who neither &c to recognize &c because
as well &c Att which said seventeenth day of June in the yeare afore
said came the said parties by their Attorneys aforesaid And the
Jurors impannelled being called likewise came to witt Gilbert Turber
vile, Wm Wells, Edward Williams, Tho: Courtney, Tho: Hinton,
Cornelius Johnson, John Cobreath, Abraham Clarke, James Veitch,
Wm Hitchcock, Tho: Robison & Jacob Loton who being elected
p. tryed & sworn To say the truth in the prmisses upon their Oaths
doe say We finde for the plaintiffe foure thousand Eight hundred
ninety foure pds of tob Therefore itt is granted by the Court here
that the said Stephen Murty Adr as aforesaid recover agt the said
Philip Lynes as well the sume of foure thousand Eight hundred
ninety foure pds of tobacco damages by the Jurors aforesaid in forme
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| Volume 67, Page 362 View pdf image (33K) |
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