Provincial Court Proceedings, 1679/80. 99

John Quigley agt John Anderson

John Anderson late of Somrsett County Lawyer was Attached to Answer unto John Quigley gentt of a plea of trespas upon the case

Liber W. C.

	And whereupon the said John Quigley by Rob- ert Ridgely his Attorny complaineth, that whereas the said John Anderson the fifth day of May one thousand six hundred Seventy eight being possessed of a certaine sloop of his own proper goods wherewith he was used & accustomed to carry & transport for divers & sundry persons any Goods & Mrchandizes they would load on board him to such place or places as they should appoint, for such reasonable hire as the transportacon & carryage of the same were or should be worth. The said John Anderson being with his said Sloope in Potomocke river in this Province & within the jurisdic- tion of this Court the day & yeare abovesaid, & haveing on board the said Sloope a certaine pipe of fyall wine marked JQ, & brought in the said Sloope for the said John Quigley from Petuxent river in the said Province of the Value of two thousand fiue hundred pounds of tobacco, the said John Quigley did order & appoint the said John Anderson to putt the same pipe of wine on shoare att the Citty of St Maryes, & the same deliver att the said Citty to the hands of John Blomfield att St Maryes for the use of the said John Quigley. And for the labour & paines of the said John & the hire of his Sloope the said John Quigley did agree with the said John Anderson to content & pay him what he for the same should reason- ably deserve In consideration whereof he the said John Anderson upon himselfe did assume & to the said John Quigley did faithfully promise to deliver the same pipe of wine in good condition to the said John Blomfield att St Maryes aforesaid for the use of the said
	John Quigley so soon as he could with winde & weather permitting saile with his said Sloope to the said Citty of St Maryes And the said John Quigley in fact saith, that the said John Anderson did arrive with the said Sloope att the Citty of St Maryes the twelfth day of May then next following. Yet the aforesaid John Anderson his promise & assumption so as aforesaid made not reguarding, but deviseing & fraudulently intending him the said John Quigley of the said pipe of fyall wine to deceive & defraud, the said pipe of fyall wine to the said John Blomfield att the said Citty of St Maryes for the use of the said John Quigley according to his promise hath not delivered, but the same to his owne use hath converted, to the damage of the said John Quigley foure thousand pounds of tobacco & thereupon he brings his suite And whereupon the said John Anderson by Christopher Rousby his Attorney comes & defends the force & injury when &c and prayes liberty to imparle hereunto untill next Provintiall Court & itt is granted unto him, the same day is given to the plt also Att which said next Provintiall Court to witt the seaventeenth day	p. 90