Plymo: April 14th. 1774 Dr. Sr.,

My Client D'Miranville is desirous I should tell you those Circumstances of his Case wch. he told me wch. are as follow. The Defts. Father Louis D'Miranville in his Life time had been injured, a Trespass committed, by the plt. Haskins some 5 or 6 years ago upon Louiss lands and the plt. to avoid an accusation of trespass gave to the Defts. Father the Notes of hand signed by the plt. with a Surety mentioned in the Declaration several persons are to be Sworn who's Names you have in the Subpoena, one is Brother to the Deft. for whom a writ of Protec. is Issued, and he will honestly swear that he shall neither get nor loose. He also tells me, the notes express nothing relative to any bargain for the Land, and when you look upon the Law of the Province, you will take notice of the words "unless there be some note or memorandum" Thereof of the Bargain in writing, so that those notes or copys of 'em cannot be given in Evidence against my Client nor the Testimonies of our adversarys Witnesses & you will ask for what purpose he produces his Witnesses before the Court gives them their Oath. I am of opinion that if the Jury should find against us you may have good Cause to move in arrest of Judgmt. finally Bror. farewell, and if need be appeal & at the Superr. Court you shall have a fee in the Case, and my Client has cash for you & for me.1 Yr. Bror.

BENJA. KENT

P.S. there being a Surety, makes it highly probable the notes were given for a real damages & not to bind a bargain as the plt. Suggests.

RC ; addressed: "For Robert Treat Paine Esquire at Plymo:"; endorsed. Ellipses indicate missing text due to a hole in the paper.

1.

Nicholas Hoskins, yeoman of Rochester (represented by attorney Oakes Angier) sued Sherman Demerainville of Dartmouth, as administrator for the estate of Louis Demerainville, yeoman of Dartmouth (represented by attorney Benjamin Kent), in the July 1774 session of the Plymouth Court of Common Pleas. The suit, for £20 in damages, charged that Demerainville refused to satisfy several notes. Judgment was awarded to the plaintiff. The case was appealed, but there is no further record and no record that RTP participated in the case (Plymouth Court Records, 9:52).