Archives of Maryland, Volume 0091, Page 0137 - Somerset County Judicial Records, 1687-1689

Somerset County Judicial Records, 1687-1689

Volume 91, Page 137 View pdf image (33K)

June the 13^th: 1689 137
Richard Anterham pl^t: Decl read
ag^t: both prties by Mutuall Consent have agreed
Walter Evans Taylor def^t:

Stephen Coston pl^t: Sum^rsett County Ss/
ag^t: Henry Lynch of Gallway Merch^t: was attached to
Henry Lynch def^t: Answer unto Stephen Coston of this County in an Accon
of the Case - - - -
And Whereupon the pl^t: Stephen Costen by his Attourney John Taylor Comes
and Sayes that in the yeare 1688 Some times in October last past did buy -
of m^r: Henry Lynch def^t: a man Serv^t: by name Richard Varding which Servant
The said Lynch def^t: did sell and make Sale for the full and just Sume -
of ffive Thousand pounds of Tobacco and Caske for the just and full Terme
of ffour yeares & three Mounths which said Servant to give an assignment
for doth Utterly refuse to give for the tyme aforementioned whereby the -
Said Coston is damnifeyed to the vallew of 10000^lb: of Toba^o: & thereupon
brings this Suite
And the Def^ts: Attourney Thomas Poole Cometeh and defendeth the force & injury
When &^t: and Sayth that the pl^t: his accon he ought not to have for that the assignm^t:
which he declares for, for four yeares he alwaise had ready to deliver to him, and as to y^e
Three mounths more which he declares for and demands an assignm^t: the def^ts: attourney
further Sayeth that it would be time Enough to Sue for the same when the ffour yeares
were Expired
And the pl^t: Sayth he ought not to be debarrd his accon afores^d: for that he sayeth
That he profford the def^t: if that he would rebate him Three hundred pounds of Tob^o:
for the said Three mounths Service which he sould him over and above the ffour yeare
he would be satisfeyed Seeing he would give him Noe assignm^t: for the said Time
Upon which Came both prties and by Mutuall Consent put themselves to the judgment of
This Court Whereupon it is this day Viz^t: the 13^th: day of June in the xiiii^th: yeare
of the Domion of the R^t: hono^ble: Charles &^t: annog Domi 1689 Considered by this Court
here that the said Stephen Coston recover against the said Henry Lynch as well the
Sume of Three hundred pounds of Tobaccoe for want of an assignm^t: for the said Three
Mounths Service and in full satisfaction of the same as alsoe the sume
of Tobaccoe Cost of Suite and the Def^t: in Merch &^t:
And it is Ordered by this Court that the said Serv^ts: Indenture be assigned and delivered
To Stephen Coston &^t:

Thomas Jones pl^t: The Def^t: not appearing Ordered that the sheriff
ag^t: Take him in Custody if found in his Bayliwick & him
William Morris Def^t: Safely keepe Soe that he has his body before our Jutices
of our next County Court to be holdon the Second Tuesday
In August Next &^t: - - - - - - - -

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Somerset County Judicial Records, 1687-1689

Volume 91, Page 137 View pdf image (33K)

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