Provincial Court Proceedings, 1678/9. 99

	Jacob Leisler agt the same	The Defendts by Robert Carvile their Attor- ney appeare & imparle untill next Court	Liber N N
	Margarett Hall Exx Walter Hall agt Garret VSweringen

Marke Cordea agt John Quigley

John Quigley late of St Maryes County was At- Cached to answer unto Marke Cordea of a plea of trespas on the case

p. 765

And whereupon the said Marke by Robert Carvile
his Attorney saith, that whereas the said Marke Cordea in the yeare
of our Lord One thousand six hundred seventy foure by a certaine
bill obligatory had bound himselfe his Exec^rs & Adm^rs unto the said
John Quigley in the Sume of foure thousand five hundred ninety &
seven pounds of tobacco att a certaine day then next following The
said John Quigley in consideracon that the said Marke the said
sume of foure thousand five hundred ninety seven pounds of tobacco
would pay unto the said John Quigley, did assume upon himselfe &
to the said Marke did faithfully promise that he the said John would
deliver to the said Marke the said bill obligatory to be Cancelled, or
otherwise the said John a certaine writeing of Release unto the said
Marke would make & Seale & as his deed would deliver in full dis-
charge of the said bill obligatory And although the said Marke in
confidence of the faithfull promise & assumpcon of the said John
did pay unto the said John upon the twentieth day of November One
thousand six hundred seventy foure the said Sume of foure thou-
sand five hundred ninety seven pounds of tobacco Yet notwithstand-
ing the said John his promise & assumpcon aforesaid little reguard-
ing, but meaning & fraudulently intending him the said Marke in
this behalfe craftily & subtily to defraud & deceive, the said bill
obligatory unto the said Marke hath not delivered cancelled neither
any writeing of Release unto the said Marke hath made Sealed & as
his deed delivered in discharge of the said bill according to his
promise & assumpcon aforesaid, but the said bill obligatory can-
celled or otherwise the writeing of Release to make Seale & as his
deed deliver hath altogether refused & as yet doth refuse though
often thereunto requested, whereupon he is the worse & have damage
to the Value of Seven thousand pounds of tobacco, & thereupon he
bringeth his suite

And the said John Quigley by Robert Ridgely his Attorny com-
eth & 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 giuen to the plaintiffe also.

Now here att this day to witt thirteenth day of March in the