and the said WilliamWilliam by
GeyerGeyer his attorney comes and defends the wrong and
injury when and says that the said plaintiff ought
not to have or maintain his aforesaid action there
against him the said defendant because he says that
the said JosephJoseph is not and never hath been admin
istrator of the goods or chattels rights or credits which were
of the said David CunninghamDavid Cunningham deceased in manner
and form as the plaintiff hath above thereof alleged
and this he prays may be enquired of by the country &c

2.And for further plea on this behalf the said defendant
says that he did not undertake & promise in manner
and form as the said plaintiff hath above thereof
in his said declaration alleged and of this he puts
himself upon the country &c

3.And for further plea in this behalf the said defendant
says that the said plaintiff ought not to have or main
tain his aforesaid action thereof against him, because
he says that the said DavidDavid deceased before and
at the time of his decease was and the said plaintiff
as such administrator since the decease of the said
DavidDavid was and still is indebted to the said de
fendant on a large sum of money to wit in the sum
of three thousand dollars for divers goods wares
and merchandize, by the said defendant sold
and delivered to the said DavidDavid in his life time
and at his request and for meat drink clothing
washing and lodging by the said defendant found
and provided for the said DavidDavid in his life time
and at his like request, also for money by the defen
dant and advanced to & paid laid out & expended
for the said DavidDavid in has lifetime & at his request
and also for money by the said DavidDavid in his life time
had & received to & for the use of the defendant; which
said sum of money still is due and owing to the
defendant and exceeds the damages sustained by the
plaintiff by reason of the sum of the non performance of the said
supposed promises & undertakings in the declaration men-

tioned, and the said defendant is ready and willing
and hereby offers to set off and allow to the said
plaintiff the full amount of said damages according
to the full amount of the Statute in such case made & provided
to wit at the county ofresaid, & this the defendant is
ready to verify wherefore he prays judgment &c