Archives of Maryland, Volume 0730, Page 0004 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

                                         November Court 1700: N^o: 5                                                                                                                          [17]
Command was given to y^e Sher^f of Kent County y^e 28 day of March Anno Domⁱ 1700 [That he]
Take Sollomon Wright adm^r: of James Smith late of Kenty County Gentⁿ. [Dec^d] if found [in his]
bailiwick and him Safe keep Soe that he have his body before our Justices of y^e next Court to [be]
held for our Said County to Answer unto Edward Cheatham of A plea of Trespass upon y^e Ca[se]
Att Which next Court Viz^t. y^e 25 day of June Anno Domⁱ: 1700 y^e Day of y^e returne of [y^e writ]
came Elias King high Sher^f of Said County and made returne thereof in these Words Viz^t.
                                                                                                                                                                                                         Cepi corpus       p^r    Elias King Sher^f.
On which Said day came y^e Said Defend^t. and in his p^rper p^rson &: prayes thereof to Imparle [until]
y^e Next court which was Granted unto him y^e Same day was given to y^e plaint. alsoe    Macklin p^r [q^r]
The which cause being cont. from Court to Court untill this p^rsent Court came as well y^e Said
Defend^t. in his p^rper person as y^e Said Plaint. by his Said Att^ry & y^e Said Cause Now [standing]
for Tryall The plaint. Declaration Viz^t

Kent Ss	Solomon Wright Adm^r. of James Smith late of Kenty County Gentⁿ. Dec^d. Stands att[ached]
	to answer unto Edward Cheatham of a plea of Trespass upon y^e Case

And Whereupon the Said Edward Cheatham by Richard Macklin his Att^ry complained that
whereas y^e Said Edward y^e 30 day of May Anno Domⁱ 1699 and for a long time before that time [had]
attained to Some Knowledge and Skill in Chirurgery and in the Administration of phisick and whe[reas]
the Said James in his lifetime and a certaine Francis Servent to y^e Said James and a Certaine
Oliver & Thomas Servants to y^e Said James and a Certaine Woman Servant of y^e Said James &
James Smith Jun^r. Son to y^e Said James Was between y^e Afs^d. 30 day of May Anno Domⁱ 1699 [& y^e]
ninth of Aprill Anno Domⁱ 1700 Under Divers indispositions of body being greatly afficted with
Severall distempers, and in consideracon thereof y^e Said Edward Cheatham y^e Afs^d: 30 day of May Anno [Domⁱ]
1699 and continuing Untill y^e ninth day of Aprill Anno Domⁱ 1700 at Chester River in Kent County
within y^e jurisdiction of This Court at y^e Sp^ll Instance & request of y^e Said James Smith Sen^r. Would [do]
his uttmost indeavour to Cure the Said James Smith together w^th. his Afs^d. Servants and Son and amin[ister]
Such Medicines and apply Such pleysters as was proper to Cure theire divers distempers under which they
languished that then y^e Said James Smith Sen^r. upon himselfe Assumed and unto y^e Said Edw^d. Cheatham
he faithfully promised that he y^e Said James for y^e Severall Medicines and implaysters and y^e labour [illegible]
indeavours of him y^e Said Edward in that behalfe to be taken well & truly would content & pay Unto y^e Sa[id]
Edward Soe much good Tob^o. & Casque as y^e Said Edward Should reasonably deserve when he y^e Said James S[en^r]
Should be thereto Afterwards required & y^e Said Edward in fact Sayes that he giving Creditt to y^e pro[mise]
and Assumption Afs^d. of y^e Said James and relying thereupon he did Apply Severall implaysters and
administer divers Medicines fitt & proper for y^e cureing of y^e Said James and his famelly (above
recited) and alsoe did use his best endeavours to cure y^e Said James & family of theire Sev^ll. infir[mi:]
:ties for all which y^e Said Edward Sayes he reasonably doth deserve to have y^e Sume of Three Thousand
two hundred & Sixteen pounds of Tob^o. and alsoe at the like instance and request of y^e Said James in [?]
Chester River Afs^d. within y^e jurisdiction Afs^d. y^e Said Edward had lent unto y^e Said James Smith [y^e]
Sume of Two hundred & Sixteen pounds of Tob^o. and also had at y^e Instance & request of y^e Said Ja[mes &]
within y^e jurisdiction & for y^e proper use & behoofe & Service of y^e Said James given Creditt to S[undry]
persons for one Thousand one hundred & Twelve pounds of Tob^o. in consideracon Whereof y^e Said Ja[mes]
in his lifetime upon himselfe Assumed and Unto y^e Said Edw^d. faithfully promised that he y^e S^d. Ja[mes]
y^e Said Sumes of 216^lbs & Tob^o & 1112^lbs Tob^o. when thereunto Afterwards Required would well & truly pa[y]
and y^e Afs^d. Sumes of 216^lb. Tob^o. & 1112^lb Tob^o amounts in y^e whole to y^e Sa[id] [four thou]sand five hund[red]
and forty four pounds of Tob^o. as by A particular Acc^t of y^e Sev^ll. Medic[ines] [implayst]ers Tob^o lent a[nd]
Creditts given to this Declⁿ. Annexed & here in Court brought y^e Same [?] [illegible] and altho y^e S^d. [James]
in his lifetime did pay & Satisfie unto y^e Said Edw^d. one thousand nine hundred pounds of Tob^o in [part?]
of y^e Said Sume of 4544^lb Tob^o. Yet as to y^e residue being Two Thousand Six hundred forty & four [pounds]
of Tob^p. y^e Said James his Afs^d. Severall promises & Asumptions not minding or regarding but [illegible]
2644^lb Tob^o. residue as Afs^d. unto y^e Afs^d. Edw^d y^e Said James in his Lifetime Did not [pay] [illegible]
hath y^e Said Solomon in his Said Capacity Since y^e Death of y^e S^d James [y^e S^d] Sume of 2644^lb Tob^o altho
often demanded but y^e Same to him to pay hath and Still doth deny [&?] unjustly detaine to y^e damage [?] [illegible]
[illegible line of text]

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Kent County Court, Proceedings, 1700-1701

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