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March 14th 1689/90 (64) James Barry Plt Declaration Read. Issue joynd agt. Both Referrs the matter to a Jury Thomas: Pool. Deft. Thomas: Pool late of this County was attached to answer unto James Barry in an action on the Case and the aforesd James Barry by his Attorney Edward Jones, saith that about the month of 7ber last past in the year of our Lord 1689 then the said Thomas Pool became indebted unto the sd James Barry, two Ews the one to be paid in the in the year 1689 upon demand, and the other Ewe the yeare after unto the aforesd James as will appear in Court by Evidence, the one being demanded of the sd Thomas according to bargain the said Thomas litle regarding his promise assumption but fraudulently intending the plt to deceive of the said Ews according to bargain although often there unto required but hath denyed to pay and still doth deny whereupon the plt Saith he is damnifyed and hath damage to the value of 700 pounds of tobacco and thereupon brings his suit pr Quer Edward: Jones. Evidences Sworne upon James Barrys accompt viz, Thomas Tyer John: Dorman Sam: Worthington and John: West. The aforesd Jury appointed impannelled and Sworne viz. William Piper. Samuel Collins. Mearcy ffountain. Thomas .Rolph: Thomas Tull. John: Strawbridge. Geo: Bossman. Myles: Grey. William: Elgate. Simon Perkins Senior. Wm: Venables Thomas: Morris. being duely sworne, to say the trueth do retourn this following verdict. Viz. We The Jury finds for the plt. William Piper. forem. Thomas Fenwick Plt. Declaration Read. Issue joynd. Referrs to the agt. abovesd Jury who being duely Sworne goes forth William: ffossett deft after dec: read and Evidences Sworne. - - - - Somerset County Ssc. William ffosset late of Somerset County was attached to answer unto Thomas: ffenwick of a plea of trespas upon the Case. &c. - - - - And whereupon the sd Thomas ffenwick by Peter Dent his Attorney Complaineth that Whereas the said William the 29th. day of Aprill in the yeare of our Lord 1689 at Monocan within the within the Jurisdiction of this Court was indebted to the sd Thomas one good Suffitient Cow being in Consideration that the sd Thomas acquitt. one Rhodiah ffossett Admrx of John Cropper and deliver to her a certain Bill which he had of one Cropper deceased whereby the said Cropper was indebted to him the sd Thomas and accept of him the sd William for pay did assume upon him selfe, and to the said Thomas then and their faithfully, promise that he the sd William, the sd Cow to the sd Thomas when he should be thereunto requested would well and truly content and pay, Nevertheless the sd William, his promise and assumption aforesd not regarding but minding and fraudulently intending the sd Thomas in this behalfe craftily and Subtilly to deceive and defraud the sd Cow to the sd Thomas hath not paid although the said William to doe the same by the sd Thomas, afterwards the day and place asd was requested but hath hitherto refused and doth still refuse to the damage of the sd Thomas of 1200lb. pounds of tobacco and thereof he bringeth his suit &c. Dent per Quer Pledg &c. John Doe Rich: Roe. |
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Somerset County Judicial Records, 1689-1690
| Volume 106, Page 64 View pdf image |
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