Volume 748, Page 629 View pdf image |
629) After proved altogether disable and unfitt for service He the said Low brought an accon at Comon law against the Complt to recover dam.s for the said Sloope or Vessell who therein was Nonsuited whereupon he brought his accon a Second tyme And the Complainant did then pduce some Evidence to the Jury upon the Tryall that they brought in a verdict for him and the Court gave Judgment thereupon Notwithstanding all which he the sd Low being litigously inclind and knowing that w.t Evidence the Complt had were dead or departed the Province Commenced his Accon a Third time and surruptitiously obtained Judgment against the Complt Whereupon he appealed from the Judgment of the said County Court to the Proventiall Court the Errors in law Assigned for the reverseing the Judgment of the sd County Court appearing not to be Sufficient for that end and the meritt of the Cause not being Called in question the said Proventiall Court did Affirme the Judgment of the sd County Court Soe that at and by the Strict rules of the Comon law the Complt was left without any remedy and has noe way left to sett aside the sd Judgment and put a stopp to paying Cost upon the said appeale but by bringing the matter in Equity before this Hono.ble Court To all which the said Nich.o Lowe the Defend.t made answer that true it was a Communication was had and moved by and betweene the Complt and Defd.t of and Concerning the letting to hire and hireing of a certaine Sloope or Vessell called by the name of the five man boat belonging to the Defd.t (but the time when he Could not remember) but did beleive that it was on or about the tyme menconed in the bill And upon the said Communication it was Agreed that the Complt should have the sd Sloope or Vessell at the same rate and price P moneth That the Cap.t of the Shipp who then had her Service did give After the said boat Cap.t discharged her in order to w.ch the defendant did write to one Anthony Rumball in the Complt.s bill menconed into whose hands the said Sloope or Vessell was Committed by the Cap.t above named to send home to the Defendants house Containing that if She was discharged from the Shipp he should deliver her to the Complt or order The which the said Anthony performed And as the said Anthony informed the Defd.t as alsoe upon his oath in Talbott County Court declared that he did oblige the Complt by pmise that when he had done with her That then he would Carry her home to the Defendants house to deliver her which was in Tradeavon Creeke in Great Choptank river but that he this Defendant did warrant and Assure the said Sloope to be Compleatly rigged and fitted or that the Complt was to have her at the rate of five pound p moneth utterly denyes But the Complt was to give the same rate She now went at which was the Sume of Five pound Tenn shillings P moneth And the Defendant further |
||||
Volume 748, Page 629 View pdf image |
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.