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Kent County Court Proceedings, 1676-1698
Volume 557, Page 726   View pdf image (33K)
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726                                                                                         

Kent fs     Thomas Collins otherwise called Thomas Collins late of Talbot
                Gent was summoned to Answer to Jn.o Chaires of a plea that he
                render to him the full and just sume of sixteen hundred fifty
                and Eight and a halfe poundes of Tobaccoe which to him he
                oweth and from him he unjustly deteineth

And Whereupon the said John by W.m Hemsley his Attorney saith
that Whereas the sd Thomas y.e 29.th day of Apll Anno Dom 1693 in
sd County within the Jurisdicon of this Court by his certain bill or
Writing obligatory sealed with his seal as his Act and deed delivered
and here in Court brought whose date is the same day and Yeare
did bind himselfe his Heires Ex.rs and Adm.rs to pay unto the sd John
his Heires or Assignes the One halfe of what charges shall Justly
appeare by a bill of cost of what charges he the said John by the Tenth
day of October then Next Ensueing the date of the same bill And
the sd Jn.o in fact saith that he the sd John did Expend in y.e sd pvintial
Court in the said Accon on his part the sd sume of 1658 1/2.ll of Tobacco
the perticulers by the Bill of cost signed by the clerk of y.e said
Court is here in Court brought Yett Notwithstanding y.e sd Thomas
the sd sume of 1658 1/2.ll of Tobaccoe the halfe of the charges in the
sd Provintial Court by the said John on his part in the sd Accon Expended
According to the Ten.r of the same bill unto the sd Jn.o he
hath not paid alltho often demanded but the same to pay he hath
denied and refused to the damage of the sd Jn.o Three Thowsand
poundes of Tobaccoe and thrupon he brings this suit
                                Hemsley p q.r pledges &c.a Jn.o Doe Ri Roe

Collins ads Chaires Demur

And the Defend.t by Nic.o Cloudes his Attorney demurs in Law and for
cause of Demurrer saith

1.st    That there is variance betweene the obligacon and Declaracon for
          which cause it ought to Abate

2.dly  By the Law Debt will not ly upon the obligacon in the Plt declaracon
mentioned because it is uncertaine what should be paid & therfore
comes Owe 1658 1/2.ll of Tobaccoe as it therin sett forth Covenant would well
                                                                                                                    ly


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 726   View pdf image (33K)
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