Archives of Maryland, Volume 0730, Page 0029 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

[3]0 Feb^ry Court 1700
But A Copie of y^e Declⁿ. being Sent along w^th. y^e writt and Served According to Act of
Assembly in Such Cases made & provided was as followes Viz^t.

Maryland Ss	Thomas Tolly of Kent County Gent. was Sumoned to Answer unto John
	Atkey & Comp^a. merchants of A plea that he render unto them or theire heires
	&^a. y^e just Sume of Eight thousand Two hundred pounds of merchantable
	Tob^o. in Caske which to them he oweth & from them he unjustly detaineth

And whereupon y^e Said Jn^o &^a. by Richard Macklin theire Att^ry Complaines that
whereas y^e Said Thomas Tolly y^e 13 day of May 1699 at Kent County within y^e jurisdiction
of this Court p^r his Certaine writeing obligatory Sealed w^th. y^e Seale of him y^e Said Thomas
and here in Court produced whose date is y^e Day and yeare Afs^d. did bind himselfe, his
heires &^a. to pay unto y^e S^d. John &^a or theire heires &^a y^e just Sume of Eight Thousand Two
hundred pounds of good Sound merchantable Tob^o. in Casque convenient in Kent County Notwithstand
:ing which y^e Said Thomas y^e Sume of Eight Thousand two hundred pounds of Tob^o. to him y^e S^d. Jn^o
&^a. hath not paid altho offten demanded but y^e Said Sume of Eight Thousand pounds two
hundred pounds of Tob^o. to y^e Said John &^a. to pay hitherto hath denyed and yet doth deny where
:upon y^e Said John &^a. Say they are Damnified & have Cost to y^e value of Sixteen Thousand
pounds of Tob^o. & thereupon bring theire Suite &10 Macklin p^r q^r.                 Jn^o Doe       parties
                                                                                                                       R^d. Roe        p^rs
And y^e Said Defend^t. craves Oyer of y^e Condicon of y^e Said obligacon and it is read unto him in
these words Viz^t. The Condicon of y^e above obligacon is Such, that if y^e above Bounden Thomas Tolly
doe well, & truly pay, or cause to be paid, unto y^e above Named Jn^o Atkey & Comp^a. theire heires
Ex^rs. or certaine Att^ry y^e full Sume of four thousand one hundred pounds of Tob^o in Casque at
Some Convenient Landing in y^e Creek or Bay Side at or upon y^e Tenth day of Octo^r. next
Ensuing y^e Date hereof then this p^rSent Obligacon to be voyd, & of noe Effect Otherwise to
Stand and remaine in full force, power & virtue
But y^e Said Defend^t. Thomas Tolly comes into Court in his proper person and Confesseth Judgem^t. for
y^e Sume of one Thousand foure hundred Sixty & foure pounds of Tob^o. being y^e balance due upon y^e
Said bond and Cost Accrewing upon y^e Same
Therefore it is considered by y^e Court here that y^e Said Plaint^s. Jn^o Atkey and Comp^a. doe recover
from y^e Said Defend^t. Thomas Tolly as well y^e Sume of one Thousand foure hundred Sixty & Two pounds
of Tob^o. Debt as alsoe y^e Sume of Two hundred ninty and four pounds of Tob^o. Cost of Suite and y^e S^d
Thomas Tolly in mercy                                                              Jn^o Dowdall Clk

Comand was given to y^e Sher^f. of Kent County y^e 29 day of Novem^r. Annoq Domⁱ 1700 that
he Take Sam^ll. Taylor of Said County Inholder if found in his bailiwick and him Safe keep Soe
that he have his body before his Maj^ties Justices at a Court to be held for our Said County y^e
fourth Tuesday of Jan^ry next to Answer unto Jn^o Hawkins of A plea of Trespass upon y^e case
Which next Court being an Adjourned Court untill y^e Eleventh day of Feb^ry next
all p^rcepts were C[ontinu]ed in y^e Sher^f. Custody untill y^e Said Adjourned Court
Att which nex[t Court V]iz^t y^e Eleventh day of February Annoq Domⁱ. 1700 y^e Day of
y^e returne of Sa[id writt A]ccording to Adjournm^t. Came Elias King high Sher^f.of Said
County and made [retu]rne thereof in these words Viz^t Cepi Corpus      Elias King Sher^f.
But y^e Said Defend^t. Sam^ll. Taylor in his proper person comes into Court and Confesseth
Judgem^t. to y^e Said Plant for y^e Sume of Seaven pounds Seaventeen Shillings & Six pence
Currant money of This Province and y^e Sume of Two thousand Three hundred and Seaventeen
pounds of Tob^o. Debt & Cost of Suite
Therefore it is Considered by y^e Court here that y^e Said Plaint. John Hawkins doe
recover from y^e Said Defend^t. Sam^ll. Taylor as well y^e Sumes of Seaven pounds Seaventeen
Shillings curr^t. money of this Province as alsoe y^e Sume of Two thousand three hundred & Seaventeen
                                                                                                                              pounds

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Kent County Court, Proceedings, 1700-1701

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