Archives of Maryland, Volume 0730, Page 0125 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

[81]                                               Novem^r.    Court    1701
Body before his Maj^ties Justices at y^e next Court to be held for Said County to answer
unto Nathan^ll. Comegys of A plea of Trespass upon y^e Case
The which next Court being an Adjourned Court untill y^e fourth Tuesday of Sep^r. following
all actions were continued untill y^e Said Time
Att which next Court viz^t. y^e 23^d. day of Sep^r. Anno Domⁱ. 1701 The day of y^e Said
writt According to Adjournement came Elias King high Sher^f. of Said County &
made returne thereof in these words viz^t.    cepi corpus    p^r Elias King Sher^f.
On which day y^e Said Defend^t. by Michael Earle his Att^ry Appeares & prays
thereof to Imparle untill y^e next Court which was granted unto him y^e Same day
was given y^e plaint^f. alsoe
And now here at this day viz^t. y^e 27 day of Novem^r. Annoq Domⁱ. 1701 came as
well y^e Said Defend^t. by his Said Att^ry as alsoe y^e Said Plaint^f. by Richard
Macklin his Attorney & y^e Said Cause Standing for Tryall y^e Plaint^f. Declⁿ
Kent Ss       Hugh Marsh of Said County Stands Attached to Answer unto Nath^ll.
                  Comegys of A plea of Trespass upon y^e Case
   And Whereupon y^e Said Nathan^ll. by Richard Macklin his Att^ry complaines
that Whereas y^e Eighteenth day of Jan^ry Anno Domⁱ. 1700 at Chester River in
Said County within y^e jurisdiction of this Court A certaine comunication was had and moved
between between y^e Afs^d. Hugh Marsh and y^e Afs^d. Nathan^ll. Comegys of & concerning a certaine gunn
belonging and appertaining to y^e Said Nathan^ll. upon which Said comunication he y^e Said Hugh
then & there in consideracon that y^e Afs^d. Nathan^ll. at y^e Sp^ll Instance & request of y^e Said Hugh
would deliver unto y^e Said Hugh to y^e proper use & behoofe of y^e Said Hugh y^e Afs^d. Hugh y^e Afs^d.
gunn being y^e proper gunn of y^e Afs^d. Nathan^ll. did upon himselfe Assume and unto y^e Said Nath^ll.
then & there faithfully promised that he y^e Said Hugh when thereunto Afterwards by y^e Said
reasonably required would well & faithfully pay & deliver unto y^e Said Nathan^ll. two gunns
(well fixed Stock & lock) According to y^e concord & agreem^t. between y^e Said Hugh & y^e Said
Nathan^ll and y^e Said Nathan^ll in fact Saith that he y^e Said Nathan^ll. trusting to y^e Afs^d. promise
& Assumption of y^e Afs^d. Hugh on y^e Afs^d. 18 day of Jan^ry Anno Domⁱ. 1700 At Chester
river Afs^d. within y^e jurisdiction Afs^d. he did deliver unto y^e Afs^d. Hugh to y^e proper use
& Service y^e Afs^d. gunn belonging & Appertaining to y^e Said Nathan^ll. Yet y^e Afs^d. Hugh
Marsh little regarding his promise & Assumption Afs^d. but plotting & fraudulently intend:
:ing y^e Afs^d. Nathan^ll. in that behalfe craftily & Subtily to deceive & defraud y^e Afs^d. two
gunns well fixed Stock & lock According to y^e Afs^d. promise & agreem^t. to y^e Afs^d.
Nathan^ll he y^e Said Hugh hath not as paid nor delivered nor in any maner for y^e Same
hitherto given content altho often required (in A fraudulent maner) by which he y^e Said Nath^ll.
divers comodities profitts & advantages which he with y^e Said gunns by hunting & fowling might
have had & gained if y^e Afs^d. Hugh his promise & assumption Afs^d. in forme Afs^d. had performed
hath Totally lost & is deprived of whereupon y^e Said Nathan^ll. Saith that he is damnified &
damage hath to y^e value of two thousand pounds of Tob^o. and thereupon he brings this Suite
                                                                                           Macklin p^r q^r. pleadges &^a. Jn^o. Doe

Hugh Marsh	Non assumpsit moda & forma p^r patriam ~ ~ Earle p^r Def^t. R^d. Roe
a^st.	And y^e plaint^f in like manner ~ ~ Macklin p^r q^r.
Nathan^ll Comegys

But nevertheless of y^e Issue being Sie as Afs^d. joyned y^e Said Defend^t. by his Said Att^ry
Suffered judg^t. to goe a^t. him without making any further Defence

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Kent County Court, Proceedings, 1700-1701

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