200 Provincial Court Proceedings, 1679.

Liber N N

Attorney saith, that whereas the said John Garnis upon the twentieth
day of May in the yeare of our Lord One thousand six hundred
Seventy & eight by his certaine writeing obligatory Sealed with the
Seale of him the said John & here in Court produced whose date is
the day & yeare abovesaid, did owe and was indebted unto Samuell
Allen of Southampton in the Kingdome of England M^rchant the
full & just Sume of twenty five thousand one hundred & Eighty
pounds of good sound M^rchantable & every way well condiconed
tobacco in cask due to be paid to Richard Smith jun^r & Michael
Allen of Calvert County or either of them their heyres Ex^rs Adm^rs
or assignes for the proper use of the aforesaid Samuel Allen in
some convenient place in S^t Maryes County when demanded To the
which paym^t well & truely to be made he did binde himselfe his
heyres Exec^rs & Adm^rs firmly by those p^rsents Nowithstanding which
the said John Garnis though often thereunto required the sume of
twenty five thousand one hundred & Eighty pounds of tobacco ac-
cording to the tenour forme & effect of his said bill hath not paid
nor rendred, but the same to pay hath hitherto denyed & still doth
deny, whereupon the said Samuell Allen saith he is damnified & hath
losse to the Value of Thirty thousand pounds of tobacco & there-
upon he bringeth his suite
And the said John Garnis in his proper person comes & defends
the force & injury when &c and prayeth hearing of the said writeing
& itt is read unto him, he also prayeth hearing of the Condicon of
the said writeing & itt is read unto him in these words following. The
Condicon of this Obligacon is such, that if the above bounden
John Garnis his heyres Ex^rs Adm^rs or either of them shall well
& truely pay to Richard Smith jun^r & Michael Allen or either of
them their heyres Exec^rs Adm^rs or assignes for the proper use of
Samuell Allen above expressed the Sume of twelve thousand five
hundred & ninety pounds of good sound M^rchantable & every way
well condiconed tobacco in cask att or upon the tenth day of Novemb^r
next ensueing the day of the date hereof conveniently in S^t Maryes
County, then this Obligacon to be void & of none effect, otherwise

p. 856

to stand & remaine in full force & vertue, which words being Read
& heard the said John Garnis saith, that as to tenn thousand three
hundred Sixty & nine pounds of tobacco part of the debt aforesaid
he is content that judgm^t passe against him for the same, the residue
of the said debt being already satisfied & paid Therefore itt is con-
sidered that the said Samuell Allen recover against the said John
Garnis the said Sume of tenn thousand three hundred Sixty & nine
pounds of tobacco debt And also five hundred Sixty foure pounds
of tobacco costs of suite And the Defend^t in mercy &c And the
p^ft in mercy for his false plaint against the Defend^t for the residue
of the Debt aforesaid And the Defend^t may goe thereof without
day &c