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(220) 230 On the back side of the aforegoing Writt was Endorsed as followeth viz.t The w.thin named John Abington is not found within my Bayliwick Richard Ladd shew After the Returne of the aforesaid Writt Majo.r Charles Boteler Attorney of the said John Abbington entred Appearance on the behalfe of the said John Abington and thereupon an Imparlance was granted till the third Tuesday in August Att a Calvert County Court held att Calvert towne the Eighteenth day of August in the Fifth year of the Dominion of the R.tt honoble Charles & Annoq.r Dm one thousand six hundred and Eighty By his Lopps Justices thereunto appointed and authorized viz.t Coll Henry Jowles M.r Richard Marsham Present M.r John Griggs M.r John Craycroft M.r Thomas Brooke M.r Francis Collier Calvert County John Abington late of Calvert County Merchant was attached to answer Court fs unto Thomas Trueman Gen of a plea of trespas upon the Case And whereupon the said Thomas Trueman in his owne proper person Complaineth that whereas the said John Abington being a merchant and Trader of this Province att his returne from hence to England did Constitute and appoint our Thomas Abington in the yeare One thousand six hundred seaventy Eight to buy sell & Act in all Cases whatsoever as the proper Attorny of the said John and not to act or deale upon the Account of any other person whatsoever And the said Thomas Trueman well knowing the p.rmisses att the speciall instance & request of him the said Thomas Abington Did upon the Fifteenth day of November One thousand six hundred seaventy & Eight sell & deliver to him the said Thomas Abington One Perewigg of the price of Two hundred and Fifty pounds of Tobacco w.ch said Two hundred and Fifty pounds of Tobacco the said Thomas Abington did promise to pay in goods att first cost and allow for the said Tobacco Five farthings p pound But the said Thomas Abington Attorney and Factor for the said John his promise in that behalfe not regarding but fraudulently intending him the said Trueman of the same to deceive the same hath not paid And the said John Abington upon whose proper Accompt the same was delivered doth utterly refuse to pay the same although often thereunto required Whereupon the said Thomas Trueman sayth he is damages & hath loss to the Vallue of One thousand pounds of Tobacco And thereupon he brings the suite Pledges to Profer Jn.o Doe Rich.d Roe Thomas Trueman Plt And the said John Abington by George Powter the Attorny Cometh & Defendeth the John Abington Def.t force & Injury when &c And sayth that the said Thomas Trueman his Accon aforesaid against him ought not to have Because he sayth That he the said John Abington did not Constitute & appoint the said Thomas Abington to buy as the proper Attorny of the said John Abington in manner and forme as the said Thomas Trueman above in his Declaracon doth declare w.ch hee is ready to verrifie and demanded Judgem.t if the said Thomas Trueman his Accon aforesaid against him ought to have Geo Parker Thomas Trueman Plt And the said Thomas sayth that hee by any thing by the said John before John Abington Deft alleadged of his Accon aforesaid right not to be barred for that he sayth the said John Abington did Constitute & appoint the said Thomas Abington to be the proper Attorney of him the said John And of this he putts himselfe upon the Country Thomas Trueman And the Def.t likewise Geo Parker |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 230 View pdf image |
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