Volume 833, Page 492 View pdf image |
492 June Court 1720 Imparle there to and to answer at next Court and he hath it and the Same day is given the pltf. also
the 21st day of the Same month being the day of Return of Sd Writt Endorst Cepi Corpus pr Simon Wilmer Sherf Whereupon the afd. pltf not liveing in this County David Macbride Attorney for the Sd pltf. takes upon him the payment of the Costs in the afd Accõn to the Sd Deft. provided the Sd. Deft. Shall appear and answer Unto the Sd Pltf. in the action afd. and the Sd pltf. Shall be non Suit therein Kent County in Maryland Thomas Evret of Kent County planter was Attached to Answer unto Peter Peterson of a plea of Trespass on the Case And whereupon the afd pltf by David Macbride his Attorney Complains that whereas the afd. Deft. the twenty Seventh day of May in the Year of our Lord Christ one thousand Seven hundred and Eighteen at St pauls parish in Kent County within the Jurisdiction of this Court was Indebted to the afd Pltf in the Summ of five hundred and twenty pounds of merchantable Leafe Tobacco for twenty Six Bushells of Indian Corn at the Speciall Instance and request of the Sd Deft. and to the proper Use and behoofe of the Said Deft. before that time Sold and delivered and So thereof being indebted the afd. Deft. in Consideration thereof upon himself assumed and to the Same pltf then and there faithfully promised that he the Sd Deft. the afd. Summ of five hundred & twenty pounds of merchantable Tobacco to the Same pltf. when thereunto required would well and truely pay and Content. And that whereas also the afd. Deft. after wards vizt. the twenty Seventh day of May in the Year afd. at the parish County and Jurisdiction afd. in Consideration that the afd. pltf at the Special Instance and Request of the afd. Deft. had Sold and delivered to the afd Deft. and to the pro: per Use and behoofe of the Sd Deft. twenty Six Bushells of Indian Corn (in an account hereunto annexed particularly Sett forth) upon him Self as: Sumed and to the Same pltf. then and there faithfully promised that he the Sd Deft. So much merchantable Tobacco as the afd. Twenty Six Bushels of Indian Corn Sold and Delivered as afd. at the time of the Sale and Delivery of the Same were reasonably worth to the Same pltf. when thereto afterwards he Should be required would well and truely pay and Content. And the afd. pltf indeed Saith that the afd twenty Six Bushells of Indian Corn at the afd time of their Sale & delivery at the parish County & Jurisdiction afd. were reasonably worth and amounted unto five hundred and twenty pounds of merchantable Tobacco in manner as in the Said account Sett forth of which the Said Deft then & there had |
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Volume 833, Page 492 View pdf image |
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