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Kent County Court Proceedings, 1676-1698
Volume 557, Page 834   View pdf image (33K)
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834

Thirteen Thowsand Two hundred poundes of good sound
M.rch.table ^leaf^ Tobaccoe and cask to be paid unto the sd Perigrine
Browne and Comp.a their Heires Ex.rs Adm.rs or Assignes for
performance hereof the said James Smith bound himselfe his
Heires Ex.rs and Adm.rs Joyntly and severally in the whole and for
the whole firmely by these p.rsents Yett Neverthelesse the sd James
Smith the said sume of 13200.ll of Tobaccoe according to the Ten.r
of the same Bond unto the sd plts he hath not paid alltho often
demanded but the same to pay he hath denied and refused &
still doth deny and refuse to the damage of the sd plts 20000.ll
of Tobaccoe and therupon they bring this suit    Macklin p q.r
                                                pledges &c.a Jn.o Doe Ri Roe

And whereupon the sd James Smith by William Hemsley his
Attorney comes and defends the Force and Injury when &c.a &
prayes Oyer of the Condicon of the same obligacon and it is
Read unto him in these words The Condicon of the above obligacon
is such that if the above bound James Smith his Heires Ex.rs
and Adm.rs shall well and truely pay content and satisfie or cause
to be paid unto the above Perigrine Browne and Comp.a their
Heires Ex.rs Adm.rs or Assignes the full quantity of six Thowsand six
hundred poundes of good sound M.rch.tble Tobaccoe and cask
convenient in Chester River on demand that then the above obligacon
to be voyd Elce to remain in full force and vertue in
Law

And the sd Defend.t ^by^ his said Attor saith that in the Original
Writt it was mentioned ondly to Answer unto Perigrine and Comp.a
and the clk produceing to this Court Entry Book Docketts and
Declr wherby it appeares ondly a Misprison of the clk therfore
it is ordered by this Court that the sd fault be Amended But the
sd Defend.t putting in no other plea Judgm.t is Awarded for sd
Debt (and cost) menconed in the Condicon

Therfore it is considered by this Court that the Plts Perigrine Browne
& Comp.a doe Recover from the Defend.t Capt James Smith as well the afore
sume of Six Thowsand six hundred poundes of Tobaccoe as allsoe
the sume of Two hundred Forty and Three poundes of Tobaccoe cost
of suit
                                                                            S Wilmer Clk


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 834   View pdf image (33K)
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