SEPTEMBER, 1697 COURT 267

Considered that the Said James Catterton Recover against the Said William
Jones as well the Sume of nine hundred pounds of tobbaccoe his Damages in
the premises as alsoe the Sume of three hundred and twenty pounds of tobaccoe
for his Costs and Charges in this behalfe Sustained to the Said James Catterton
of his Assent by the Court here Adjudged etc. And the Said William Jones in
mercy etc.

William Stone plantiffe: George Plowden Defendant.

Prince Georges County Ss. George Plowden late of Prince Georges County
Gentleman was Attached to Answer unto William Stone of a plea of tresspass
upon the Case etc.

And whereupon the Said William Stone in his proper person Complaineth
and Saith that whereas the Said George the 10th day of October in the yeare of
our Lord 1696 Att Charles Towne within the Jurisdiction of this Court was
Indebted unto the Said William in the Sume of one thowsand Six hundred
pounds of tobaccoe being for his the Said Williams Labour Care Industry and
paynes in being Attorney at Law for him the Said George in Calvert County
Court for the Space of one whole yeare And the Said George to the Said [245]
William in manner aforesaid being Indebted in Consideration thereof Did
Assume upon himselfe and to the Said William then and there faithfully promise
that he the Said George the Said Sume of one thowsand Six hundred pounds
of tobaccoe to the Said William when he Should be thereunto Requested would
well and truly Content and pay Nevertheless the Said George his promise and
Assumption aforesaid not Regarding but minding and fraudulently intendeing
him the Said William in this behalfe Craftily and Subtilly to deceive and de-
fraud the Said Sume of 1600 lbs. of tobaccoe or any part thereof to the Said
William hath not paid Although the Said George to doe the Same by the Said
William Afterwards the day and place aforesaid was often thereunto Requested
but hath hetherto Refused and Still doth Refuse to the Damage of him the Said
William of 3000 lbs. of tobaccoe and thereof he bringeth his Suite etc.

Pledges etc. John Doe, Richard Roe. William Stone.

And the Said George Plowden by John Meriton his Attorney Cometh and
defendeth the force and Injury when etc. And prayeth Leave thereof to Imparle
here untill the next Court and it is granted unto him the Same day is given to
the plantiffe etc.

And now at this Day (to witt) the 28th day of September Annoque Domini
1697: here Came as well the Said William Stone in his proper person as the
Said George Plowden by his attorney aforesaid And the Said William Stone
prayeth that the Said George Plowden to his decleration aforesaid may Answer
etc.

And the Said George Plowden by his Attorney aforesaid Cometh and de-
fendeth the force and Injury when etc. and for a plea Saith that he did not
Assume in manner and forme as the plantiffe in his Decleration doth Sett forth
and thereof he puts himselfe upon the Court. John Meriton.

And the plantiffe als[o]e. William Stone.

Whereupon the truth of the matter in Controversie between the parties afore-
said by the Court here being fully heard understood and maturely delivered etc.
It is thereupon Considered that the Said William Stone Recover against the Said
George Plowden as well the Sume of one thowsand Six hundred pounds of
tobaccoe his damages in the premises as alsoe the Sume of two hundred fifty
two pounds of tobaccoe to the Said William Stone at his Request for his Costs