Volume 557, Page 788 View pdf image (33K) |
788 Att which Court viz the 22.th day of June Anno Dom 1697 the day of Returne of sd Writt came Cap.t Edward Sweatnam high sheerif of sd County and made Returne of sd Writt in these words viz Cepi Corpus Edw Sweatnam sheft On which day came the said Thomas Lewis by Richard Macklin his Attorney and prayes therof to Imparle until the Next Court which was granted the same day is given ^to^ the Plt allsoe Att which Court viz the 25.th day of August Anno Dom 1697 came as Well the sd Thomas King by William Hemsley his Att.rny as allsoe the sd Thomas Lewis the Defend.t by Richard Macklin his attorney and the sd cause standing for Tryal
And whereupon the sd Thomas King by William Hemsley his Atto.rney complaineth that whereas the sd Thomas Lewis on y.e 10.th day of March Anno Dom 1696 in sd County within the Jurisdicon of this Court stood justly Indebted to the sd Thomas King in the full and just sume of seaven hundred and thirty poundes of good sound Merchantable Tobaccoe in caske by Accompt the p.rticulers therof are here into Court brought in consideracon therof the sd Thomas Lewis upon himself assumed and to the sd Thomas King he faithfully promised that he the sd Thomas Lewis the sd sume of 730.ll of Tobaccoe unto the sd Thomas King would well and truely pay when therunto required Yett Neverthelesse the sd Thomas Lewis the sd sume of 730.ll of Tobaccoe according to his promise and Assumption unto the sd Thomas King he hath not paid alltho often required but the same to pay he hath denied and refused to the damage of the sd Thomas King 1400.ll of Tobaccoe and therupon he brings this suit Hemsley p q.r pledges &c.a Jn.o Doe Rich Roe And the Defend.t by Richard Macklin his Attorney Demurs in Law and for Demurrer saith that there is variance Betweene writt and Declaracon viz y.e Writt saith to answer &c.a of a plea of Debt and the declaracon saith to answer &c.a of a plea of Tre sur Ca |
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Volume 557, Page 788 View pdf image (33K) |
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