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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 13   View pdf image
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[22]                      Novemr    Court    1700
Whereas Henry Jackson having Comenced An Action ast. Danll. Norris and Obtaining A Judgemt.
pr Attachment ast. him and Attachments having Issued ast. him & being returned Nulla bona
But ye Said Defendant Danll. Norris Att a Court held for this County ye 27. day of August Anno Domi. 1700
by Richard Macklin his Attorney Offers to appeare to ye Orriginall Action in Case & Said Plaint. Henry
Jackson Should find baile to pay Costs if nonsuited And on ye Day & yeare Afsd. came Michael Earle Attry
for ye Said Plaint. and assumes that he will pay all ye Costs accrewing upon ye Said Action in Case ye Said
Defendant Danll. Norris doe obtaine A non Suite ast. ye Said plaint. Henry Jackson
And ye Said Defendt. by Richard Macklin his Attorney Appeares & prayes thereof to Imparle untill ye next
Court which was Granted unto him ye Same Day was given ye Plaint. likewise
Which Cause being Continued untill this present Court Came as well ye Said Defendant by his Said Attry
as ye Said Plaint. by Michael Earle his Attry and ye Said Cause now Standing for Tryall ye Plaint. Decls
Kent County       Ss    Daniel Norris of Said County Stands Attached to Answer unto Henry Jackson of A plea
in Maryland    of Trespass upon ye Case
      And whereupon ye Said Henry by Michael Earle his Attry complaineth & Saith that whereas the
Said Daniel Norris being indebted to A Certaine Francis Barney & John Newill ye Sume of four hundred pounds
of Tobo. and ye Said Francis Barney & John Newell being indebted to ye Said Henry Jackson ye like Sume of Tobo. ye Sd.
Francis & John on ye Seventh day of June Anno Domi. 1698 in Said County within ye Jurisdiction of this Court
did draw a noate on ye Said Daniel requiring him ye Said Danll. to pay to him ye Said Henry ye Sume of
four hundred pounds of merchantable Tobo. and ye Said noate wth. ye Said Henrys recpt. Should be ye Sd. Danlls
discharge for ye Same &a which Said noate on ye fifteenth day of July in ye yeare Afsd. and within ye jurisdiction
Afsd. was presented by ye Said Henry to ye Said Daniel requireing him ye Said Danll. to Accept & pay & Afsd. Sume
of four hundred pounds of Tobo. According to ye Tenr. of ye Same noate which on ye Said 15th. day of July Annoq
Domi. 1698 within ye Afsd. jurisdiction ye Said Danll. did accept and on ye back Side of ye Said noate did promise to
unto ye Said Henry or ordr. ye contents of ye within noate as by ye Said noate Subscribed wth. ye proper hand of ye Sd.
Daniel and here in Court brought ye Same Appeareth in consideracon whereof ye Said Danll. upon himselfe
Assumed and unto ye Said Henry faithfullyy promised that he ye Said Daniel ye Said Sume of four hundred
pounds of Tobo. unto ye Said Henry he would well & truly pay when thereunto Afterwards required yet never:
:theless ye Said Danll. his promise & Assumption not minding or regarding but plotting Contriving & fraudu
:lently inteding him ye Said Henry in this behalfe Craftily & Subtilly to decieve & defraud the Afsd. 400lbs
of Tobo. unto ye Said Henry he hath not paid Altho often demanded but ye Same to pay he hath denyed & refused &
Still doth deny & refuse & Unjustly detaine to ye Damage of ye Said Henry Eight hundred pounds of Tobo. and
thereupon he brings this Suite                 Earle pr qr. pledges &a    Jno Doe Richd. Roe
Daniel Norris    Non Assumpsit    pr    patriam       Macklin pr Defendt
ads    And ye Plaint in Like manner    Earle pr qr
Henry Jackson

Comand was therefore given to ye Sherf. of Kent County that he cause to come here Twelve good & lawfull
men of his bailiwick to Try ye Issue Joyned which Jury are as followeth Vizt. Thomas Wyatt Edwd. Plestoe [?]
Thomas Browne James Watson George Smith Nicholas Massey David Davison Thomas Hicks Edward
Dowlin Francis Spearment Thomas Head and Edwin Godwin which Jury being Duly Sworne to Try ye
Issue above recited and having heard ye Evidence pleadings & Allegacons on both Sides ye Court giveth
[t]hem theire charge [illegible] draw to Consider on ye premisses and After Some time doe againe returne &
being Called over [illegible] [de]fendant & being asked who they find for doe Say wee ye Jury find for ye
Defendant & by [Thomas Way]tt theire foreman all of them Soe Say Judgemt. According to verdict
Therefore it is [Conside]red by ye Court here Vizt. this 28. day of Novemr. Anno Domi. 1700 That ye Said
      Defendant Daniel Norris as to ye Said action goe thereof without Day And it is likewise Considered
[t]hat ye Said Defendant Danll. Norris doe recover from ye Said Plaint. as well ye Sume of fifty pounds
[of] Tobo. for A non Suite According to Act of Assembly in that Case & provided as alsoe ye Sume of Six
hundred eighty & nine pounds of Tobo. Cost of Suite and ye Said Henry Jackson in mercy
                                                             Clk            235                      Jno Dowdall Clk
                                                             Sherf.         150
                                                             cryer            84
                                                             Jury & Alt  220

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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 13   View pdf image
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