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10 March Court 1717 County Planter was attached to answer unto Francis Colings of a plea of— Trespass on the Case And Whereupon the Said Plt. by Thomas — Bowne his attry. Complains for that Whereas that there has been & Still is a Certain Custom amongst Merchants & other persons residing in the County afd using Comerce having been used & approved that is to Say if any Mercht. or other person there having Comerce Should make any note or order in writing and thereto Subscribe his name the Said note or order Should direct to pay other Mercht. or person thereby requiring Such Mercht~. or other person to pay or cause to be paid to any Mercht. or other person any Sum or quantity of Tobacco & money & Such Mercht~ or other person Should by writ: :ing under his hand thereto Subscribe accept of the Said note or order, Then Such Mercht~. So acceping Such note or oder Should be lyable to Such Mercht~. or other person in the Said note or order meniõoned Such Sum or quantity. of Tobacco or money as in the Said note or order mentioned Such Sume or quantity of Tobacco or money as in the Said note or order mentiones and whereas a certain John Hell the tenth day of Febry. in the Year of our Lord Christ~ one Thousand Seven hundred & Sixteen at the Parish of St. Pauls in the County afd & within the Jurisdiciõn of this Court having then and there a Comerce according to the Custom afd made his certain note or order in writing with his owne hand thereto Subscribes and the Said note or order to the Said Deft~ directed thereby requiring the Said Deft~ to pay to the Said Plt~ the Said Sum of five hundred pounds of Tobacco in Caske in the Said note or order menconed by reason of which premises the Said Deft~ became chargeably and Yet remains chargeable to pay to the Said Plt~ in the Said note or order menconed the Said five hundred pounds of Tobacco in the Said note or order Specified according to the forme & effect of the Said note and thereupon the Said Deft~ in consideration of the premises afterwds to witt the Said twelth day of February in the year afd at the Parish County & Jurisdiciõn afd upon himselfe assumed and to the Said Plt~ then and - there faithfully promised that he the Said Deft~ the Said Plt~ then and — there faithfully promised that he the Said Deft~ the Said five hundred pounds of Tobacco according to ye tener & effect of the Said note to the Said Plt would well and truly content & pay and whereas the Said Deft~ the Twelfth day of February in the Year afd at the Parish County & Jurisdiciõn afd was indebted - unto the Said Plt~ in the Sum or quantity of five hundred pounds of Tobacco for So much Tobacco by him the Said Plt~. for his the Said Defts proper use and behoofe and at his the Said Defts Special instance and request then & there lent & accomodated and being So indebted the Said Deft~ the day & Year last mentioned at the Parish County and Jurisdiciõn afd did upon himselfe assume & to the Said Plt~. then and there faithfully promised that he the Said Deft~ the Said Sum of five hundred pounds of Tobacco to ye Sd Plt~ when he Should be thereunto required would well & truly |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 10 View pdf image |
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