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Kent County Court, Proceedings, 1714-1716
Volume 766, Page 44b   View pdf image
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                                                   November Court 1714
   Deft and may be admitted to Amend his Decln and that the Court will Tax him the .
   Cost . . This Court Taxes the Cost for the Said Plt to pay the afd Deft. the Sume .
   of thirty pounds of Tobacco and to Come to tryal in the Said Accon.   And now the .
   Said Plt by his afd Attry declare as foll viz Kent County Ss Peter Massey late of .
   Kt. Coty Planter Stands Attached to Answer unto John Hedden of the Sd Coty Planr. of
   a plea of Trespass upon y.e Case And Whereupon ye Said John by Thomas Bowne his
   Attorney Complains for that Whereas ye afd Peter ye Sixth day of 8.berAnno Domini
   Seventeen hundred & Eleaven at ye Parish of Shrewsbury in Kent County afd within ye
   Jurisdiciõn of this Court was & Stood indebted unto the afd John Sum of five hundred
   eighty & Six pounds of good Sound Merchantable Tobacco in Casque for the like Sum .
   by ye afd Peter of ye afd John before that time agreed to have & receive and
   So being Indebted ye afd Peter In Consideration thereof upon himselfe assumed & to ye.
   Said John on the afd Sixth day of 8.berAnno Domini Seventeen hundred & Eleaven—
   at ye Parish of Shrewsbury in Kent County afd within ye Jurisdiciõn of this Court-
   faithfully promised that he ye afd Peter ye afd five hundred eighty & Six pounds
   of Tobacco in Some place of Landing in Chester River in ye afd County & jurisdiciõn
   unto ye Said John when afterwards thereunto required would well & truly pay & Content
   Yet ye afd Peter his Promise and Assumption afd hath little minded but fraudulently
   intending ye afd John in that behalfe the afd five hundred Eighty & Six pounds of
   Tobacco unto ye Said John hath not paid nor made Content for ye Same althõ to
   pay ye Same ye Said Peter afterwards viz.t on ye fourth day of May Anno Domini
   Seventeen hundred and thirteen at ye Parish Shrewsbury in Kent County afd in the
   Jurisdiciõn of this Court by ye Said John hath been required but ye Same to pay ye.
   Said Peter hitherto hath denied & yet denys to ye Damage of the Said John one .
   thousand pounds of Tobacco and thereupon he brings Suite &ca. T Bowne pr Quer
   Pleg &ca. John Doe & Richard Roe   and   the Said Plt by his afd attry
   prays that the afd Deft to his Decln afd may Answer
   And the Said Deft by Francis Cooke his attorney Comes into Court and Saith that he
   hath had no Instructions from his Clyent in the afd Cause   So that he Cannot Say
   any thing in barr or Avoidance of the above Accõn So as afd by the Said Plt .
   brought against the Said Deft . . Whereby the Said Plt may remaine against—
   the Said Deft . without defence   . . Therefore it is Considered by the .
   Court here vizt. this fourth day of November Annoque Domini one Thousand
   Seven hundred and fourteen That the Said Plt John Hadden Recover against the -
   Said Deft Peter Massey as well the afd Sume of five hundred Eighty Six pounds
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Kent County Court, Proceedings, 1714-1716
Volume 766, Page 44b   View pdf image
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