( 89 )
And the said Stephen Lufte in his said Capacity Complaines yt whereas y Defendt: on nine & twentieth Day
of
Decembr: in y first yeare of y Dominion of Charles absolute Lord & Proprietary of y province of Maryland
& Avalon Lord Baron of Baltemore &c was indebted to y plt: Attorney in y Summ or quantity of Six
hundred
weight of tobacco & Caske for severall goods wares & merchandizes before that time Sold & Delivered by
y plt
Attornoe: to y said Defendant in Consideracon whereof y said Defendt Did then upon himselfe assume &
to y plt: attornoes: y said Summ of Tobacco when hee y sd Deft Should bee thereunto required neverthelesse
y
said Deft his promise & assumpcon aforesaid not minding but fraudulently in this behalfe intending the
Sd: Plt: attornoe: to Deceive him of y said Tobacco hath not paid to y plt: Attoenoe nor to y plt in his capacity
y sd quantity of Tobacco Allthough by y plaintiffe attornoe:& y plt: in his Capacity y Deft hath been often
thereunto required but y same to pay to y plt : attornoe or to y plt: in his behalf hath refused & still
Doth refuse to y plainteiffs attornoes Dammadge Twelve hundred pounds weight of Tobacco & therefore
hee brings this Suit: &c: & here in Cort: produceth his said power of attorney whereby &c:
And the Deft: by Edward Jones his attorney Commeth & Defendeth y force & injury &c. & Saith there is
nothing
Due to y plt: & Desiers to see y power whereby they are Sued &c which power was produced & allowed of
After y examinacon of Richard Sammuell & James Chessam wittnesses on y behalfe of y plaintiffe
upon their oathes: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
This Court findes yt there is Due to y plt: from y Deft Six hundred pounds of Tobacco: and orders yt y Deft
ffrancis Roberts pay to y plaintiffe Joseph Byles or his order Six hundred pounds of Tobacco with Cost
of Sute alias execucon : / : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~
At A County Cort: Helld y 13th: Day of March in y Second yeare of y Dominion of y Rt: Honr:ble Charles
ovr Maryland
&c Annoq Domini 1676: before his Lopps Justices thereunto assigned & authorized: ~ ~ ~ ~
~
Mr: Wm: Stevens:
Mr: George Johnson: Mr David Browne:
present Mr: John Winder: Mr Wm: Brereton: Commrs
John Tyler plaintiffe Thomas Poole pro plt:
agt
Collll: William: Colebourne Deft Henry Smith pro Deft:
Sommersett Ss: Collll: William Colebourne of this County was Summoned to answr unto John Tyler Carpenter in
an accon of y Case &c: / : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~
And whereupon y said John by his attorney Thomas Poole Saith yt y Sd Coulbourne became inDebted unto
him
y said Tyler in y yeare Ao: Dom: 1675: The full & just Summ of Two thousand one hundred ninety pounds
of Tob:
& Casqe as pr accot: here annexed will more plainely appeare but hee y said Coulbourne fraudulently
intending
him y Said Tyler to Deceive of y aforesaid Summ of 2190lb pounds of Tobacco & Caske Denyeth & still
Doth Deny
to pay y aforesaid Summ although often thereunto required y plaintiffe Saith hee is Damnified & hath
Damage
to y value of Two thousand eight hundred pounds of Tobacco & thereupon brings his Suit: p quer: Tho:
Poole:
Collll: William Colebourne Dt: in y yeare Ao: Do: 1675 ~ ~ ~ ~ ~ ~ lb
To y building of a 30 foot Dwelling house ~ ~ ~ ~ ~ ~ ~ ~ ~ 1400
To: a Welsh Chimney ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 200
To a Small house fifteene foot Square ~ ~ ~ ~ ~ ~ ~ ~ ~ 200
To: 1 mill frame ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 150
To: 6 Dayes worke att 40 pr Day in planing of planke ~ ~ ~ ~ ~ ~ 240
2190
And y Said Collll Wm: Colebourne by his attorney Henry Smith Commeth & Defendeth y force & injury
&c & saith ytt they Desire y accompt may bee proved othrwise they humbly pray for a nonsuit The Deft
not appearing personally nor his attorney proveing y accompt here in Cort: produced Doe order a nonsuite
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Att a County Cort: helld y 13th Day of March in y Second yeare of y Dominion of y Rt: Hon:r:ble Charles
over Mary
land annoq Dom: 1676: before his Lopps: Justices thereunto assigned & authorized: ~ ~ ~ ~ ~
~
Collll: Wm Colebourne
Mr: George Johnson Mr David: Browne:
present Mr: John: Winder: Mr: William Brereton: Commrs
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