Archives of Maryland, Volume 0730, Page 0055 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

43                                     March    Court    1701
   Comand was Given to y^e Sher^f. of Kent County y^e 24 day of Sep^r. Annoq Domⁱ. 1700
that he take George Green alius dictus George Green of Kent County Planter if found in y^r.
Bailiwick & him Safe keepe Soe that you have his bodie before our Justices at y^e next Court to
be holden for Said County to Answer unto Anthony Drew of Baltemore County Gentⁿ. of A plea
of Debt
   Att which next Court viz^t. y^e 26. day of Novem^r. Annoq Domⁱ. 1700 y^e day of y^e return
of Said Court came Elias King high Sher^f. of Said County & made returne of Said writt in
these words viz^t cepi corpus    p^r    me                                               Elias King Sher^f.
Att which Said Day y^e Said Defend^t. George Green by Richard Macklin his Att^ry appears
and prays thereof to Imparle untill y^e next Court which was granted unto him y^e Same day
was given to y^e Plaint^f. alsoe                                               Macklin p^r Defend^t.
Which cause was cont^d. from court to Court untill this p^rsent Court viz^t. 27 day
of March Annoq Domⁱ. 1701 and now y^e Said Cause Standing for Tryall y^e Plaint^f Declⁿ

viz^t. Kent County Ss	George Green alius dictus George Green of Said County Planter
in Maryland	was Sum^d. to Answer unto Anthony Drew of Baltemore County
	Gentⁿ. of A plea that he render unto him y^e just & full Sume of
	good merchantable Tob^o. in Casque which to him he oweth & from
	him he unjustly detaineth

And whereupon y^e Said Anthony Drew by Michael Earle his Att^ry Saith that whereas
y^e Said George on y^e 2^d day of Novem^r. Annoq Domⁱ. 1698 in Said County within y^e jurisdict
:tion of this Court by his certaine bill or writing obligatory Sealed w^th. his Seale as his act &
deed delivered & here in Court brought whose date is y^e Same day & yeare did acknowledge
himselfe to be oweing and Stand justly indebted unto y^e S^d. Anthony his heires Ex^rs. & ad^rs y^e
Said Sume of 300^lb. of Tob^o. quallified as Afs^d. to be paid upon demand after y^e date of y^e Same
bill To y^e which payment well and truly to be made & done he y^e Said George bound himselfe his
heires Ex^rs. and Ad^rs firmly by y^e Said bill yet notwithstanding y^e Said George the Afs^d. Sume
of 300^lb. of Tob^o. according to y^e ten^r. of y^e Same bill unto y^e Said Anthony he hath not paid altho
often demanded but y^e Same to pay he hath denyed and refused and Still doth deny & refuse &
unjustly detaine to y^e damage of the Said Plaint^f 600^lb of Tob^o. and thereupon he brings this
Suite Earle p^r q^r. Pledge &^a. Jn^o Doe R^d. Roe

George Green	And y^e Said Defend^t. by his Said Att^ry for plea Saith that y^e Plaint^f Afs^d. his
ad^s	action Afs^d. against y^e Said Defend^t. ought not to have & mentaine because he
Anthony Drew	Saith that y^e debt in y^e plaint^f Declⁿ menconed was not Demanded before
	action brought & of this he putts himself upon y^e Country Macklin p^r Def^t.

And y^e Plaint^f in like manner Earle p^r q^r.
But y^e Said Plaint^f. by his Said Att^ry proving noe demand Judgem^t. was awarded for
A Nonsuite

Therefore it is Considered by y^e Court here that y^e Said Defend^t. George Green as to y^e
Said Action goe thereof without day And it is further considered that y^e Said Defendant
recover from y^e Said Plaint^f. as well y^e Sume of fifty pounds of Tob^o for A Nonsuite as alsoe
y^e Sume of one hundred Eighty & foure pounds of Tob^o. cost of Suite & y^e Anthony Drew
in mercy Jn^o Dowdall Clk

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Kent County Court, Proceedings, 1700-1701

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