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34 Provincial Court Proceedings, 1679.
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Liber W. C.
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but the same thirty thousand pounds of tobacco to pay to the said
Joseph in discharge of the said debt of him the said Benjamin, & a
receipt & discharge for the same under the hand of the said Joseph
unto the said Benjamin to bring & deliver altogether refuseth where-
upon the said Benjamin saith he is the worse & hath losse to the
Value of Fifty thousand pounds of tobacco & thereupon he brings
his suite
And the said John Quigley by Robert Ridgely his Attorney 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 given to the plaintiffe also
Att which said next Provinciall Court to witt the fifteenth day
of Octobr in the fourth yeare of the Dominion of the right Honble
Charles Lord Baltemore &c Annoq Doni 1679 came the said parties
by their Attorneys aforesaid And the said John Quigley by his said
Attorney saith, that he did not assume & promise in manner & forme
as the said Benjamin Rozer above against him hath complained
And of this he putts himselfe upon the Court And the plaintiffe like-
wise which being read & heard & by the Justices here fully under-
stood Itt seemeth to the same Justices that the said John Quigley did
assume & promise in manner & forme as the plaintiffe above against
him hath complained Therefore itt is considered that the said Ben-
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p. 33
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jamin Rozer recover against the said John Quigley his damages
sustained by occasion of the prmises but because itt is not known
what damages the aforesaid Benjamin hath sustained by occasion
thereof Itt is ordered that a writt of Enquiry of damages issue
returnable att the next Provinciall Court
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Benja Rozer Esqr
agt
John Quigley
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John Quigley late of St Maryes County Mrchant
was Sumoned to Answer unto Benjamin Rozer
Mrchant of a plea that he render unto him the
said Benjamin his reasonable accompt of the
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tyme in which he was the Receiver of the Goods of him the said
Benjamin to Mrchandize & render an Accompt thereof
And whereupon the said Benjamin by Christopher Rousby his
Attorney saith, that whereas the aforesaid John Quigley from the
twentieth day of Novembr one thousand six hundred Seventy eight
untill the first day of May One thousand six hundred Seventy nine
was the Receiver of the Goods of him the said Benjamin And by
the same tyme received of the Goods of him the said Benja that is to
say in Charles County in the Province aforesaid by the hands of
him the said Benjamin one Negro of the Value of Eight thousand
pounds of tobacco to dispose of in the way of Mrchandize for the
profit of him the said Benjamin And to render a reasonable accompt
thereof when thereunto required Neverthelesse the said John though
often thereunto required his reasonable accompt aforesaid unto the
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