Archives of Maryland, Volume 0730, Page 0170 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

                                                   Novem^r.    Court    1701                                               112
And now here at this day viz^t. y^e 28 day of Novem^r. Annoq Domⁱ. 1701 came as well
y^e Said Defend^t. by his Afs^d. Att^ry as alsoe y^e Said Plaint^f by his Said Att^ry and y^e Said cause
Standing for Tryall & Plaint^f. Declⁿ
Kent County    Ss    Edward Stevenson was Attached to Answer unto Thomas Cooke of A plea of
in Maryland             Trespass upon y^e Case

   And Whereas y^e Said Thomas by Joshua Sweatnam his Att^ry complaines that whereas y^e Said
did on y^e 3^d. day of July Annoq Domⁱ. 1701 in Kent County within y^e jurisdiction of this Court bargain
and Sell unto y^e Said Thomas three Tunn of Tight Casque for y^e just quantity of four hundred & eighty
pounds of Tob^o. in Casque convenient in y^e Said County which y^e Said Thomas for himselfe did pass
a bill or Obligatory unto y^e Said Edward for y^e Sume of 480^lb. of Tob^o. for y^e Afs^d. Casque & for
consideracon of which Said bill y^e Said Edward did order y^e Said Thomas to marke y^e Afs^d. Three
Tunn of Casque with y^e letters of y^e Said Thomas his name Yet Notwithstanding y^e Said Edward
knowing y^e Afs^d. Three Tunn of Casque to y^e be y^e proper goods of y^e Afs^d. Thomas y^e Said Edward
not minding y^e Agreement made hath refused to deliver y^e Afs^d. Casque but plotting contriving
& fraudulently intending y^e Said Thomas to deceive y^e Afs^d. three Tunn of Casque he hath not
delivered though often demanded but y^e Same to deliver hath denyed & refused & Still doth deny
& refuse & unjustly detaine to y^e damage of y^e Said Thomas nine hundred & Sixty pounds of
Tob^o. and therefore he brings this Suite    Jos: Sweatnam p^r q^r. pleadges &^a.    Jn^o Doe
                                                                                                                       Richard Roe

Edward Stevenson	And y^e Said Defend^t. by Richard Macklin his Att^ry comes & defends y^e force &
a^st	injury when &^a. And Sayes that for y^e manifold imperfections & Uncertainties
Thomas Cooke	in y^e plaint^f. Declⁿ. that that Declⁿ. in that manner & forme above Set

                                                                                                                                             him
forth and expresst and y^e Matter in y^e Same contained doth not hold Suffitient in Law to Cause ^ y^e Said
Defend^t. to make answer thereunto and that to that Declⁿ. in that manner & forme Afs^d. Set forth
hath noe Necessity nor by y^e Law of y^e Land is bound to Answer and that he is ready to Averr whereup
-on for want of A Suffitient Declⁿ. of y^e Afs^d. Thomas in that behalfe he y^e Said Edward prayes
Judgement and his damages to be awarded him
~~~~~~~~~~~~~~~
1 Reason The plaint^f in his Declⁿ. alleadges a bargain or Contract but doth not Set forth by whom the
                bargain was made
~~~~~~~~~~~~~~~
2. Reason The Plaint^f Sayes which Said Thomas for himselfe did pass a bill or obligatory unto y^e Said Edw^d.
                four hundred & eighty pounds of Tob^o. which is A false concord and incoherent nonsence
~~~~~~~~~~~~~~~
3^d. Reason The plaint^f Sayes that for consideracon of y^e bill y^e Said Edward did order y^e Said Tho^s
                to marke three Tunn of Casque &^a. but doth not Aver that at any time After y^e S^d.
                Edward refused to Suffer y^e Said Thomas to marke y^e Said casque for by y^e plaint^f.
                owne Shewing (which my Lord Cooke Sayes Sayes Shall ever be most Strongly construed
                a^st a mans Selfe most in favour of his Adversary, y^e casque is y^e consideracon alleadged
                to be promised and that not being denied y^e plaint^f can have noe cause of Action
~~~~~~~~~~~~~~~
4 Reason In all actions on y^e case upon y^e contract there ought to be a good consideracon alleadge[d]
                but in y^e principle case there is neither consideracon alleadged nor Assumption averred
~~~~~~~~~~~~~~~
5 Reason If y^e casque were marked wither proper Marke of y^e Said Thomas and a good Sale
                made an action of Trover & conversion or detinue would have been Such an Action as
                y^e Law prescribes and would have given remeady but not other wayes
~~~~~~~~~~~~~~~
6. Reason He ought to have Set forth whether he did marke y^e Casque nor not for if y^e casque
                were markt by y^e Said Thomas then y^e consideracon on y^e Defend^ts. Side was p^rformed
                and if they were not marked y^e action ought to have been Simply denying or not
                Suffering him to marke them but y^e introductive & Subsequent parts of y^e
                Declⁿ. containes matter deffrent to y^e promise princplely alleadged for which y^e S^d.
                Defend^t. cannot Answer    And y^e plaint^f. Joyns in Demurer
                                                                  Joshua Sweatnam p^r q^r

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Kent County Court, Proceedings, 1700-1701

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