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(147) Att a County Court held held by their Maties. Justices of the Peace for the County of Somerset and Province of Maryland the 12th day of August Annoq Domini. 1690 - - - - - - - - - - Comissioners. Present were. Coll: David Browne Mr. ffrancis Jenkins. Mr. Thomas: Newbold. Capt: Jno. Winder Mr. Ja: Dashiels. Mr Geo: Layfield. Mr.Tho: Jones. Memorandum: att the request of mr. Samuel: Hopkins. this following Cause which should properly have been inserted in the 15th. daye=s proceedings is as followeth C sd Hopkins having speedy occasion for his papers Walter. Taylor Plt. vide Comrs 15th. day agt Declaration being Read. Issue was joynd. and the whole Mr. Samuel: Hopkins Dft Cause referred to a Jury of twelve men duely impannelled & Sworne. - - - - - - - - - - - - - - Somerset County Ssc. mr. Samuel: Hopkins of this County was Sumoned to answer unto Walter Taylor of the same County in an action of the Case. C And whereupon the plt by his Attorney John Taylor comes and sayes about the month of August last past the sd Samuel: Hopkins did buy of the plt twelve Cutts of Cypresse Timber for the which the sd deft did promise to pay unto the sd Taylor, twenty two yards of the best sort of the whore kill linnen of lockoram breadth which sd linnen to pay doth utterly deny to pay although often thereunto required by the plt, but part of the Timber hath received and the rest there being theire for him to receive, but could not carry it at that time by which fraudulent means the plt saith he is damnified to the value of fourty four yards of the like linnen and thereupon brings his suit. Taylor pr Quer Pledges of prosecuting John Doe Jno. Taylor was not admitted to plead at Barr Rich Roe. his Bro: Walter for him Selfe did manage ye matter} Taylor. Plt.. Plea in Barr of the accon Hopkins Dft - - - - - - - And whereas the deft by James Sangster his Attorney Comes and defend the force and injury &c. and saith that plt his accon ought not to have 1st., because the defendt is ready to hold Covenant and bargain with the plt, upon the delivery of the 12 Cutts of Cypresse Timber, 2ly. The plt by the delivery of part as he alleadges hath not named the quantity being conscious of the fraudulency and deceit of the same, paying the defendt with halfe the quantity of Cutts that he agreed for, thereby cheating the defendt, and spoiling the timber, as may appear upon view 3ly. whereas ye plt confesseth that he hath not carryed all the Cutts tacitly implying that the whole must be delivered, and good sound & Suffitient Cutts before satisfaction, till such delivery and payment denyed, thereupon no cause of accion ---------- Sangster per defendt. - - - - - - - - - - - Then was these thre following papers preferred to Court & Jury. (1st) Wee the persons whose names are here under Subscribed were requested by Samuel: Hopkins Senior to view A percell of Cypresse Timber standing in the sd Hopkins tobacco house, which timber Hopkins aforesd declareth (was) Sent him by Walter Taylor or his Order. Now wee the sd persons subscribors as aforesd to hereby Certifie & make known unto all persons whom these may or doth Concern that wee have deliberately, viewed, scanned and compared the sd timber, both as to quantity and quallity and also the dementions and wee the sd p --- having expended Considerable time and some pains aforesd we find as followeth, to witt the quality of the said Timber to be good and to be the proceeds of very large and great trees that have made double stuffe |
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Somerset County Judicial Records, 1689-1690
| Volume 106, Page 147 View pdf image |
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