Archives of Maryland, Volume 0740, Page 0413 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

      As bÿ an acc^t To this Declaⁿ annexed and here in Court brought the Same appears amõunt=
      in the whole to y^e Sum^e of Six thousand Eight hundred and fourtÿ pounds of
      tobacco In Condrãion thereof the S^d Wallter upon himselfe assumed and unto the
      Said Heñerÿ faithfullÿ promissed That he y^e Said Wallter the S^d Sum^e of 6840^ls of tob^o
      unto y^e Said Henerÿ he wo’ld well and truelÿ paÿ when thereunto afterwards
      required yett nevertheless the S^d Wallter his p^rmisse and assumption before made
      not ~~mind~~ Weighing nor in anÿ manner regarding but Shifting and fraudulentlÿ
      Contriveing him y^e S^d Heñerÿ in that behalfe Craftÿlÿ & Subtilelÿ to Deceive
      and Defraud y^e afs^d Sum^e of 6840^ls of tob^o unto y^e S^d Heñerÿ he hath not paid
      although often Demanded but y^e Same to paÿ he hath Denÿed and refused and
      Still Doth Denÿ & refuse and unjustlÿ Detaine to y^e Damãge of y^e S^d Henerÿ
      13680^ls tob^o and thereupon he brings this Suit
                                                                            Earle p^r q^r Pled^s& Joⁿ Doe Ricd Roe

1703	Wallter Bouncell D^r	ls tob^o
Aug^t 21^th	To 160 Gallons Sÿder att ^ls6 of tob^o p^r Gallon ——	960
7ber 29	To 420 Gallons of Ditto att 7^ls of tob^o p^r Gallon	2940
xber 15^th	To 420 Gallons of Ditto at 7^ls of Tob^o p^r Gallon ~	2940	Salva Er^rs p^r
		6840	Hen: Jackson

      And the S^d Def^t bÿ Phillipson his att^rÿ comes and Defends the fore and Injurÿ
      when &c^a and prayed leave to Imp^rle thereunto untill next Court which was
      Granted unto him The Same was Given the pltf allsoe att w^ch Sd next Court
      To witt this 22^th Daÿ of aug^t anno Dñi 1704 Comes the S^d pltf bÿ his S^d att^rÿ
      as allsoe the Said Def^t bÿ his S^d att^rÿ who further Defends y^e force and
      Injurÿ when &c^a and for plea Saÿeth, and the S^d Wallter bÿ Xptr —
      Phillipson his att^rÿ Comes and Defends the Injurÿ when &c^a and Saÿeth y^t he
      the Said Wallter Did not assume in mañer and form as y^e afs^d Henerÿ above
      ag^t him hath Declared and of this he putts himselfe upon y^e Contrÿ
                                                                            Phillipson p^r Def^ce
                                              and the pltf in like man^r: Earle p^r q^r —
      Thereupon Comãnd is Given To y^e Sher^f of Kent Countÿ y^t he Imediatelÿ Cause to Come
      here twelve &c^a bÿ whom &c^a who neither &c^a to recognize because as well
      &c^a and y^e S^d Sher^f Saÿeth y^t he hath here readÿ twelve &c^a as bÿ his S^d p^rcept
      he was Comãnded to witt William Swettnam W^m. Austin Edward Carroll Renatus
      Smith Daniel Wild Jn^o Swettnam Thomas Bruff Geo: Smith W^m. Sigleÿ —
      Jn^o Moore Tho: Rooth Matthew Collier who being Elected trÿed and sworn to Saÿ
      The truth in y^e p^rmisses Doe Saÿ upon their oathes wee of y^e Jurÿ find for
      for y^e pltf in Damãges Six thousand Eight hundred and fourtÿ pounds of
      tobacco w^ch Cost of Suit —
           Which being bÿ y^e Court head and fullÿ understood It is bÿ y^e Justices
      here Considered This 22^th Daÿ of aug^t an^o Dñi 1704 That y^e S^d Henerÿ Jackson
      recover ag^t the Said Wallter as well the Sum^e of Six thousand Eight hundred
      and fourtÿ pounds of tobacco The Damãges assessed bÿ y^e Jurÿ above as y^e
      Sum^e of three hundred Eightÿ and nine pounds of tobacco Cost of Suit and
      and the Def^t in mercÿ &c^a —

	\|
Renatus Smith	\| The S^d plt^f brought her majesties writt of Capias ag^t y^e S^d —
a^t	\| Def^t for y^e Sum^e of three pounds Eight Shills Ster^g but Did not
The adm^rs: Caulk	\| prosecute y^e S^d accon, Neither Did file anÿ Declaⁿ wherebÿ he may
	\| make appear his Cause of accõn according to y^e rules of this Court

upon which Default the S^d Def^t praÿs for a non Suit according to ——
Act of assembleÿ Which

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Kent County Court, Proceedings, 1701-1705

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