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184 Provincial Court Proceedings, 1679.
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Liber N N
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in part of satisfaccon of the said bill obligatory, & that there re-
maines due upon the aforesaid bill Six thousand six hundred &
fifteen pels of tobacco Therefore itt is considered that the said
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p. 841
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Wm Neads & Compa recover against the said Edward Gibbs The
Sume of Six thousand six hundred & ffifteen pounds of tobacco part
of the debt aforesaid And the said Edward Gibbs thereof in mercy
&c And also the said Wm Neads & Compa in mercy for their false
plaint against the aforesaid Edward Gibbs for Six thousand Eight
hundred forty eight pounds of tobacco residue of the debt afore-
said, whereof he the said Edward Gibbs is by the jurors aforesaid
above acquitted And the said Edward may goe thereof without day
And that the said Wm Neads & Compa recover against the said
Edward Gibbs the Sume of One thousand forty & foure pounds of
tobacco costs of suite
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John & Thomas
Dudlestone
agt
Edwd Gibbs
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Edward Gibbs late of Somrsett County planter
otherwise called Edward Gibbs of Somrsett County
in the Province of Maryland Mrchant was Sum-
oned to Answer unto John & Thomas Dudlestone
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of the City of Bristoll Mrchants of a plea that he
render unto them the just & full quantity of Eighteen thousand nine
hundred & five pounds of good sound Mrchantable leafe tobacco &
cask which to them he oweth & unjustly detaineth
And whereupon the said John & Thomas Dudlestone by Charles
Boteler their Attorney say, that whereas the said Edward Gibbs upon
the twenty seventh day of April One thousand six hundred Seventy
& seven by his certaine bill or writeing obligatory Sealed with the
Seale of him the said Edward Gibbs & here in Court produced whose
date is the day & yeare aforesaid, did acknowledge himselfe to stand
justly indebted unto Mr John & Thomas Dudlestone of the City of
Bristoll Mrchants in the just & full quantity of Eighteen thousand
nine hundred & five pounds of good sound Mrchantable leafe tobacco
& cask to containe the same, to be paid to them the said John &
Thomas Dudlestone their heyres Execrs & Admrs in some Convenient
place in the aforesaid County of Somrsett within a mile of the water
side on all demands after the tenth day of October next ensueing the
date thereof To the which paymt well & truely to be made the said
Edward Gibbs did binde himselfe his heyres Execrs & Admrs firmly
by those prsents Notwithstanding which the said Edward Gibbs the
said Sume of Eighteen thousand nine hundred & five pounds of
tobacco though often thereunto required unto the said John &
Thomas Dudlestone hath not paid nor rendred according to the
forme & effect of his said bill, but the same to pay hath denyed &
still doth deny, whereupon the said John & Tho: Dudlestone say
they are damnified & have losse to the Value of twenty five thousand
pounds of tobacco, & thereupon they bring their suite
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