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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