Volume 740, Page 64 View pdf image |
And Whereupon the Said Wm. Whitehead by Richard Macklin his Attry Sayth that whereas the Said Enock Smith the Eleventh day of June Anno Dom 1701 At Kent County within the Jurisdiction of this Court by his certaine bill or writing Obligatory Sealed With his Seale as his Act and deed delivered And hereinto Cort brought whose date is the Same day and year did bind him ~ Self his heires Exrs. Admrs. or Assignes to pay or Cause to be paid unto the Said Wm. Whitehead his heires or Assignes the afd Sume of 1300lb. tobacco qualifyed As afd. At or upon the tenth day of October next Ensuing the date of the said bill or Writing Obligatory Yet Nevertheless the Said Enoch Smith ye. afd Sume of 1300lb tobo. According to the tenr. of the Same bill or writing Obligatory unto the Said Wm. Whitehead hath not paid but the Same to pay hath denyed refused and Still doth deny and refuse and Unjustly detaine to the Damage of the Said Wm. Whitehead 2600lb of tobo. And thereupon he brings this Suit Macklin pr qr. pleg &ca. Jno. Doe R: Roe: And the decln in this Accon having been Sent & Served with the writt in order for Tryall this Cort & It being Contd. from March to Aprill According to Act of Assem :bly. The Defendt. by Michaell Earle his Attry Comes and defends the force and Injury when &ca. And Sayth that there is A Manifest Variance between the obligation and the decln which Setts forth said Obligation All which he the Said defendt. is ready to Averr and prays Judgt. if Acconed [?] And the plaintf. for replication Says there is no variance between the obligation and declaration~ Which being by the Justices heard and understood it Is by them Considered This Seventh day of Aprill Anno Domi 1702 that the Said Wm. Whitehead take nothing by his writ afd but be in Mercy for his false Clamour And that the Said Enock Smith go thereof without day And it is likewise Considered by the sd. Court ye. Same day and year that the Sd. Enoch Smith recover against the Said Wm. Whitehead the Sume of One hundred and fifty Eight pounds of tobacco by the Court Adjudged him for his Costs and Charges in this behalf laid out and Expended ~ ~ ~~~~~~~~~~~~~~~ |
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Volume 740, Page 64 View pdf image |
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