16 Provincial Court Proceedings, 1678.
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Liber N N Saml Hatton & ux
Adx Richd Gorsuch
agt
the same
George Tyte
agt
ffrancis Johnson
Lord Propry
agt
George Wharton
Edward Englis
agt
James Floyd
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p. 690 Tho: Snell Admr
Jno Cornish
agt
Henry Hooper
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Henry Hooper late of Dorchister County was At-
tached to Answer unto Thomas Snell Admr of
the Goods & Chattels of John Cornish deceased
in a plea of trespas upon the case
And whereupon the said Thomas by Wm Crosse
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his Attorney saith that whereas the said Henry Hooper the twelfth
day of September One thousand six hundred seventy seven was in-
debted to the said John Cornish the full quantity of ffifteen hundred
weight of good sound Mrchantable tobacco in cask to be paid to the
said John Cornish or his order upon his the said Henry his plantacon
upon Hoopers Island the tenth day of October then next And being
so indebted the said Henry did assume upon himselfe & to the said
John Cornish did faithfully promise that he the said Henry the said
Summe of fifteen hundred pounds of tobacco & cask to him the said
John would well & truely pay as aforesaid Nevertheles the said
Henry the said Sume of ffifteen hundred pounds of tobacco & cask
in manner & forme aforesaid to the said John in his life tyme nor
to the said Thomas Snell to whom Administracon of the Goods &
Chattels of the said John since his death hath bin comitted hath not
paid though often thereunto required, but the same to pay hath
denyed & still doth deny to the retardacon of the Administracon of
the said John Whereupon the said Thomas saith he is damnified &
hath losse to the Value of three thousand pounds of tobacco & there-
upon he bringeth his suite
And the said Henry Hooper by Robert Carvile his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted
unto him, the same day is given to the plaintiffe also
Att which said next next Provinciall Court came as well the said
plaintiffe as the said Defendt by their Attorneys aforesaid And the
said Defendt by his said Attorney saith that he did not assume nor
to the said John Cornish make such promise in manner and forme
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