| Volume 67, Page 5 View pdf image (33K) |
Provincial Court Proceedings, 1677. 5
Thomas Notley Esq 1 Liber N N
agt
Thomas Helgar
m these two actions are agreed.
W Pyper
agt
Mark Cordea
John Newton George Oldfeild late of Cecil County otherwise p. 311
agt called George Oldfeild of Cecil County Gent was
George Oldfeild Suthoned to answer unto John Newton in a plea
that he render unto him the sume of foure thousand
pounds of tobacco which to him he oweth & unjustly deteineth
And whereupon the said John by Kenelm Cheseldyn his Attorny
Saith that whereas the said George Oldfeild the sixth day of April
in the yeare of Our Lord 1676 did by his certaine writeing Obliga
tory sealed with the seale of the said George here in Court produced
whose date is the same day & yeare abovewritten acknowledge him
selfe holden & firmly bounden unto John Newton of the same County
Gent in the full & just quantity of foure thousand pounds of good
sound merchantable tobacco in caske to be paid to the said John
Newton his executrs admrs or assignes to the which payment well &
truly to be made he did bind himselfe his heirs executrs & admrs
firmly by those prsents notwithstanding which the said George the
said summe of foure thousand pounds of tobacco according to his
said writeing Obligatory hath not paid but the same to pay hitherto
hath & still doth deny to pay to the damage of the said John the
summe of five thousand pounds of tobacco & thereupon he bringeth
his suite. And the said George by Robert Ridgely his Attorny cometh
& defendeth the force & injury when &c & prayeth heareing of the
writeing aforesaid & it is read unto him he prayeth also heareing
of the Condition of the said writeing & it is read unto him in these
words The condition of this Obligation is such That if the above
bounden George Oldfeild his Executrs admrs or assignes doe and
shall well & truly pay or cause to be paid to the abovenamed John
Newton his Executrs admrs or assignes the full and just quantity of
two thousand pounds of good sound merchantable tobacco & caske
to be paid at or upon the tenth day of October next ensueing the
date hereof then this Obligation to be void or else to stand in full
force & vertue.
Which being read & heard the said George Old feild the twentith
day of June 1677 Came in his proper person & Saith nothing in barr
or avoidance of the action aforesaid of him the said John Newton
whereupon the said John remaineth against the said George there
upon undefended Therefore it is granted by the Court here That the
said John Newton recover against the said George Oldfeild the
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| Volume 67, Page 5 View pdf image (33K) |
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