i66 Provincial Court Proceedings, 1679.

Liber N N p. 825

Robert Ellys agt John Quigley I

John Quigley late of St Maryes County was Attached to answer unto Robert Ellys of a plea of trespas upon the case

And whereupon the said Robert Ellys by Robert
Carvile his Attorny saith, that whereas the said John Quigley upon
the twenty eighth day of April in the yeare of our Lord One thou-
sand six hundred Seventy eight being aboard the Shipp George of
London in Potomock River in S^t Maryes County did in consideracon
that the said Robert Ellys att the speciall instance & request of him
the said John Quigley would lay out so much tobacco for him the
said John Quigley as would buy one Pype of good S^t Georges or
ffyall wine att the store of Charles Gosfright M^rchant in Petuxent
River in Calvert County (to which place the said Robert was then
intended) & would Shipp the same on board the Sloope of John
Anderson who was then by him the said John Quigley desired to
take in the same, & to carry the said pype of wine when bought &
Shipped as aforesaid to him the said John Quigley wheresoever he
should be either att Wiccocomico within this Province or att Nominy
in Virginia or elsewhere in Potomock or Wiccocomico Rivers, he
the said John Quigley did then assume upon himselfe & to the said
Robert Ellys faithfully promise y^t he the said John Quigley would
well & truely content & pay unto the said Robert Ellys when there-
unto required so much tobacco as the said Robert Ellys should rea-
sonably deserve for the buying of the said wine & Shipping the same
as aforesaid And the said Robert Ellys in fact saith, that he trust-
ing to the faire speeches & promises of the said John Quigley, did
buy for the said John Quigley one pipe of good S^t Georges wine,
& caused the same to be marked J Q. & did on the third day of May
one thousand six hundred seventy eight Shipp the same on board the
Sloope of the said John Anderson for the use of the said John
Quigley to be carryed & delivered to the said Jn^o Quigley according
to his order & direction aforesaid, for the buying of which wine &
the care of Shipping itt as aforesaid he saith he doth well deserve
the sume of two thousand fiue hundred pounds of tobacco Yet not-
withstanding the said John Quigley his promise & assumpcon afore-
said little reguarding, but deviseing & fraudulently intending him the
said Robert in this behalfe craftily & subtily to defraud & deceive, the
said sume of two thousand five hundred pounds of tobacco to him
the said Robert Ellys hath not paid or satisfied though often there-
unto requested, but the same to pay hath hitherto denyed & refused
& still doth deny & refuse to the damage of the said Robert Ellys
three thousand pounds of tobacco & thereupon he bringeth his suite
And the aforesaid John Quigley by Robert Ridgely his Attorney
doth come & defend the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court, & itt is granted
unto him, the same day is giuen to the plaintiffe also