June the 13th: 1689 129
Came John Webb and in Open Court made Oath that he heard Wm: Harvey owne the
Said debt and further that the said Harvey did promise verbally & assume to pay the said
sume of 400lb: of Tobao: to Andrew Whittington aforesd:
Upon which Came both parties by their attournyes aforesd: and by Mutuall Consent put
Themselves to the Judgment of this Court
Now here at this day to witt the 13th: day of June in the xiiiith: yeare of the Domion
of the Rt: honoble: Charles &t: Annog Domi 1689 it is Considered by this Court that the
Andrew Whittington recover agt: the said William Harvey as well the Sume of ffour
hundred pounds of Tobacco debt recovered as alsoe the Sume of
Tobacco Cost of Suite and the Deft: in Mercy &t:
John Webb: plt: Sumrsett County Ss William Harvey of this County
agy: Was attached to answer unto John Webb inholder
William Harvey deft: In
And Whereupon the plt: by Thomas Poole his Attourney Comes & Sayeth
That he the said William in the Mounth of August Last past did assume & faith=
=fully promise to pay unto the plt: the full and just Sume of ffour hundred pounds of
Tobaccoe upon the Accompt of Thomas Cartright unto the plt: when thereunto -
Required as will in Court More plainely appeare but he the said Harvey fraudulently
Intending the plt: to deceive doth denye to pay the Sume aforesd: of 400lb: of Tobaccoe altho
often thereunto required by the plt: Whereupon the plt: Sayth he is damnifeyed & hath -
Damage to the vallew of 800lb: of Tobaccoe & thereupon brings this Suite - - - -
And the said William Harvey by Edward Jones his Attourney Cometh & defendeth :
The force and injury when &t: and prayeth Liberty to imparle hereunto untill the next
County Court and it is granted him the Same day is granted to the plt: likewise
At which said County Court Came the said parties by their Attournyes aforesd: and the
Said Harvey by Edward Jones his Attourney Sayth that the plt: his Accon he ought not
To have for that the deft: did never promise nor yett assume to pay any Such debt
To the plt: as his declares and desires that the plt: may be put to the proofe of his -
Declaration
Whereupon Came Andrew Whittington & in Open Court made Oath that he heard -
William Harvey promiss as alsoe assume to pay the said ffour hundred pounds of Tobao:
Declared for unto John Webb aforesd:
Upon which Came both parties by their Attournyes aforesd: and by Mutuall Consent put
Themselves to the judgment of this Court
Now here at this day Vizt: the 13th: day of June in the xiiiith: yeare of the Domion
of the Rt: honoble: Charles &t: annog Domi 1689 it is Considered by this Court here that
The said John Webb recover against the said William Harvey as well the Sume of
ffour hundred pounds of Tobaccoe the Debt aforesd: as alsoe the Sume of
of Tobaccoe Cost of Suite and the Deft: in Mercy &t: - - - - - - -
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