Volume 842, Page 69 View pdf image |
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March Court
1730
69 when &.c And prays hearing of the writing Obligatory aforesaid and he hath it Likewise he prays hearing of the condition of the Same Writing and it is read unto him as followeth viz.t The condition of this obligation is such that if the above bound Phillip Quinton his heirs Ex.rs or Adm.rs shall well and truly pay or Cause to be paid unto the above Named Francis Mercer his heirs or assignes the full and just sum of thirty pounds Currant Mony as above in the following Comoditys and prices here^in^ specified that is to say hh.d heading from half to three Quarters of an Inch thick at the heart Edge from Eight Inches and Upwards broad and two foot Six Inches Long and butted Pork in barrels at thirty Eight Shillings p bb.d and Green twelve Shill.s and sixpence P C.t Indn Corn at twenty pence p bush.ll and the said Goods to be Delivered on the above River of Pocomoke that is to say the hh.d heading by the fifteenth day of Septemb.r and the remainder of the pay in the other Comoditys by the fifteenth of Janry next Ensuing the date hereof that then this obligation to be void and of None Effect otherwise to remain and be in full force Strength and Virtue which being read and heard the said Phillip Quinton saith that the aforesd John Stewart his accon thereon against him to have and Maintain ought not because he saith that he the aforesd Phillip the fifteenth day of September in the year aforesaid by half an hour after the sum Use of the said Day and at the setting of the sun of the said day at pocomoke river in somrset County and Jur aforesd he was ready to pay the aforesaid francis Mercer in his Life time the aforesaid heading Indian Corn and pork agreeable to the said Condition which he had then and there in and upon the said Day and that he ought to pay at the said place According to the forme and effect of the Condition aforesaid and that Neither the aforesd Francis or any person for him then and there were ready to receive the said heading Corn & pork from the aforesaid Phillip According to aforesaid Condition and that the aforesd Philip hitherto hath allways been ready and that he is yet ready to pay the aforesd John Stewart the aforesd heading Corn and pork agreable to the Said Condition and this he is ready to veryfie whereof he prays Judgment if the aforesaid John his acction aforesd thereof against him to have and maintain he ought &.c And the aforesaid plft says that by any thing by the Said Philip Quinton in that part ^alledged^ from having their action aforesaid against him to be barred ought not because they Say that the aforesaid Philip on the fifteenth day of September in the Year afd at Pocomoke River aforesd within the Jur of this Court was not ready to pay unto the said francis Mercer in his Life time the aforesd thirty pounds Currant Money of maryland in the Comodities and at the price in the said Condition Mentioned that is to say hh.d heading from half to three Quarters of an Inch at the heart Edge from Eight Inches and Upwards broad and two foot six Inches Long and butted Pork in barr at thirty Eight Shill.s p bb.d and Green twelve Shillings and Six pence P Ct Indion Corne at twenty pence p busell viz.t in hh.d heading upon the said Fifteenth day of September in the Year aforesd and the remainder of the payment so to be made in the other Comodities by ye fifteenth day of Janry in the Year aforesd according to the form and Effect of the condition aforesd as the aforesd Phillip ought to have Done and this he is ready to verifie whereupon the pray Judgment & their Debt aforesaid together with his Damages by occation of the Detaining of the said deb.t to him to be adjudged &.c And the aforesaid Philip Quinton as before Says that he the Same Philip on Pocomoke River on the aforesaid fifteenth day of September at halfe and hour after Sum Rise of the same day and at the |
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Volume 842, Page 69 View pdf image |
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