Volume 67, Page 411 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 411 And the said John Rawlings by Robert Ridgely his Attorney Liber N N cometh & defendeth the force & injury when &c & prayeth liberty to imparle hereunto untill next Provinciall Court & itt is granted unto him, the same day is given to the plt 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 Annoçp Doni 1678. came the said John Brooke by his Attorney afore said And offered himselfe agt the said John Rawlings in the plea p. 635 aforesaid but the said John came not but made default Therefore itt is granted by the Court here, that the said John Brooke recover agt the said John Rawlings as well the aforesaid debt of foure thou sand five hundred pds of tobacco As also Eight hundred thirty six pds of tobacco costs of suite And the said John Rawlings in mercy. John England Garret VanSweringen late of St Maryes Citty agt Innholder otherwise called Garret VanSwer Garret VSweringen ingen of St Maryes Citty in St Maryes County gentt was Sumoned to answer unto John Eng land of a plea that he render unto him the just & full sume of two thousand & foure hundred pounds of good tobacco in cask which to him he oweth & unjustly detaineth And whereupon the said John England by Robert Ridgely his Attorney saith, that whereas the said Garret the third day of June one thousand six hundred seventy six by his certaine bill obligatory Sealed with the seale of him the said Garret & here in Court pro duced whose date is the day & yeare aforesaid did acknowledge himselfe to be holden & firmly bounden unto the said John England in the just & full sume of two thousand foure hundred pds of good tobacco in cask to be paid to the said John England or to his certaine Attorney his heyres Exrs Admrs or assignes att or upon the tenth day of Octoberr next ensueing att some convenient place in St Maryes river To the which payment well & truely to be made the said Garret did binde himselfe his heyres Exrs & Admrs in the whole & for the whole joyntly & severally firmly by those prsents Yet the said Garret VanSweringen the said sume of two thousand foure hundred pounds of tobacco to him the said John England according to the tenor of the said writeing obligatory although often thereunto required hath not paid, but the same to pay hath denyed & as yet doth deny, where upon the said John England saith he is damnified & hath losse to the Value of foure thousand pds of tobacco & thereupon he bringes his suite And the said Garret VanSweringen in his proper person comes & defends the force & injury when &c & saith that he hath satisfied & paid unto the said John England one hundred twenty eight pounds of tobacco part of the said sume of two thousand foure hundred pounds of tobacco in the above declaracon mencOned And as to two |
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Volume 67, Page 411 View pdf image (33K) |
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