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630 2.dly The Writt and declr are both without any Addicon for they ought both to have said John Wade of Kent County ^Planter^ Carpenter reaper or any other addicon of Trade or calling which he followed to make him singuler from other Jn.o Wades for there may be more Jn.o Wades in Kent County then this Jn.o Wade for this Reason was the statute of the 1 of Hen 5.th Chap 5.th 3.dly The debt in the declr is not laid to be contracted in any place for it may as well be in Holland France or Spain or else where and if soe not within the Jurisdicon of this Court but if it had been soe then he ought specialy to aver that that place was within the Jurisdicon of this Court Hughes grand Abrid.t for 902 par 17.th shorless case in B R sheapards Com assurances Cha 17.th par 4.th Hughes Abridg.t folio 953 pt 16 4.thly The Plt hath sett fourth that the defend.t stood indebted to him for several medicins and other meanes but doth not specially sett forth & aver that it was att the Especial instance and request of the defend.t that he delivered the perticulers nor he doth not Aver that over the defend.t assurance to pay him for it for if he brought the Wares to the house of the Defend.t without the privity consent Knowlidg or request of the defd.t he hath the same privilidge to take them away Neither doth he Aver that over the plt practised Physick & Kirugerie soe that if not then it was not lawful for him to Adm any such Medicines for by it the Defend.t mought have lost his life Boulstrodes by Clarke and Chrunese in B R Hughes abridg.t par 16 & 33 5.thly The plt hath brought his Accon upon an Indebitatus Assumpsit which is an acc.t made up that is You Owe me soe much and we have accompted and therupon You Assumed to pay which Accon cannot well be brought without Evidence to make it appeare but he setts fore ondly the commencm.t of the accompt and gives him Credit for six hundred forty and Eight poundes of Tobaccoe Bal which Implies an absolute Ag.rm.t and why should he put price upon the Defend.t Comodities more then the Defend.t on the plt but he ought to declare upon a quantum Merrit and soe sett forth that the plt being well skilled in the practice of physick and Chyrurgery the sd Defend.t in consideracon and att the Espicial Instance and request of the sd Defd.t that if the sd plt would Adm.r such Medicines proper for his distemper &c.a that then the said Defd.t did promise & Assume to pay the said plt for the same soe much as he then did deforue for the same and soe declare in fact that he Trusting &c.a Adm.r &c.a and alltho the sd Defend.t had paid 648.ll Tob part |
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Kent County Court Proceedings, 1676-1698
| Volume 557, Page 630 View pdf image (33K) |
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