Volume 846, Page 195 View pdf image |
August
Court
1734
195
of a plea of trespass upon the Case &.a and that thereof he should not fail &.a And the said Thomas Fletcher by Francis Allen his attorney Complains against the said Thomas Newbold in the plea aforesaid as followeth viz.t Somerset ^County^ ss.t Thomas Newbold late of Somerset County planter was attached to answer unto Thomas Fletcher of a plea of trespass upon the case &.c And Whereupon the s.d Thomas Fletcher by Francis Allen his attorney Complains that whereas the s.d Thomas Newbold after the to first day of May Seventeen hundred and five to witt on the ninth day of July Seventeen hundred and thirty two at Somerset County within the Jurisdiction of this Court made his certain note in writing Called promissary note with his proper hand Subscribed bearing date the same day and year last Mentioned and the same Note to the s.d Thomas Fletcher then and there delivered by which s.d note the s.d Thomas Newbold did promise to pay to the s.d Thomas Fletcher four thousand pounds of sound Merchantable leaf tobacco and Eight p Cent Interest for the same in cash within a year and a day of the date of the s.d note and by reason thereof as also by force of the Statute in that Case lately made and provided the s.d Thomas Newbold became Chargeable to pay to the s.d Thomas Fletcher the s.d sum of Tobacco and Interest at Eight p Cent in Cash according to the tenor of the s.d note and so being Chargeable the s.d Thomas Newbold in Consideration thereof afterwards to witt the af.d ninth day of July Ann Dom Seventeen hundred and thirty two af.d upon himself did assume and to the s.d Thomas Fletcher then and there did faithfully promise that he the s.d Thomas Newbold the s.d sum of Tobacco and Interest at Eight p Cent in cash according to the tenor of the s.d note to the s.d Thomas Fletcher when he should be thereunto requested he would well and faithfully pay and Content Nevertheless the s.d Thomas Newbold his promise and assumption af.d in form af.d made nothing regarding but plotting and fraudulently Intending the s.d Thomas Fletcher in that part Craftily and Subtilly to deceive and defraud the s.d four thousand pounds of Tobacco and Eight p Cent Interest for the same within a year and a day of the date of the s.d note to the s.d Thomas Fletcher tho often thereunto requested hath not paid or Contented but the same to him hitherto to pay hath refused and still doth refuse and deny to the damage of the said Thomas Fletcher of Eight thousand pounds of tobacco And thereupon he brings Suit &.c pledges &.c Jn.o Doe & R.d Roe A Copy of the foregoing declaration was made and sent to be served on the Defend.t with the writt in the plea af.d according to act of Assembly in such case made and provided Att which said third tuesday of August to witt the twentieth day of the same month ann Dom one thousand seven hundred and thirty four being the day of the return of the same writt came the said Thomas Fletcher by his attorney af.d and the Sherriff of Somrset County to whom the foregoing writt was directed Likewise came and made return thereof to the Court here in these words Endorsed Cepi Corpus declaration in time was delivered p Jos MClester Sherriff (whereupon) |
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Volume 846, Page 195 View pdf image |
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