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( 115 ) June 12th. 1691 Thousand pound of tobacco by the deft in deteining & keeping the plts Servant. - - - - - - - - from him, whereupon the plt bringeth his Suite, and prayeth that judgment may be entered accordingly John: Strawbridge pr Quer prsois Jno. Doe signed it Rich: Roe The Declaracon being Read, but the sd Strawbridge not having ^ the ne y deft C Craved a non Suit. Ordr. the sd Strawbridge pay Cost of Suite. after which the sd Strawbridge had leave to mend or Sign his declaracon, ---- And then the tryall did proceed C Plea: as followeth (viz) The defendt by James: Sangster his Attorney defends the force and injury, and saith that the plt complaineth that the Servant recd in Exchange did not out live the other, which is an act of God and a Covetuous desire of the plt. for an act of God injures no man. according to the maxim in Law, actus dei nulli facit injuriam. and this the deft desires may be inquired of by the Country Ja: Sangster. Jno. Strawbridge. Issue being joynd And the matter referred to the Country for tryall. Therefore Comand was given to the sheriffe to bring into Court twelve good and lawfull men of his viconage that the matter might be the better understood. whereupon Came the sd John: Strawbridge and the sd Edward Jones, and likewise the Jurors of that Jury, who were legally impannelled, returned, and duely Sworne upon the holy Evangelists, who having heard the foresd declaration, Plea, as also the Oaths of these Six Evidences fairly examined - Edmund: Munlavell Which sd Jury having recd their Charge are Sent forth to determine Mary: Maxwell } Evid.for ye plt sw the same. -------And this day being returned, and being perticuliarly Lawrence Crawford called by their names. as also plt & deft. being unanimously agreed Bryan: Odougherty } Evid for ye deft sw. do give into Cour this following verdict.viz) we of the Jury findeth John: Browne ----------------- for the deft.. Jno. Emmett foreman: which verdict the Court Ordered Sarah:Dorman List of:Jury in this tryall.viz. to be entered, they having Confirmed the same. - - - - - - - - ---------------- Jno Emmett.Jno.Smock. Wm: vid. fo. 126 Henderson:Wm:Denson.Wm.Noble. Miles:Gray:Edwd.Evins.Hen.Hudson.Senr, Bryan:Peart Tho Tull. Ja:Langrel:Aaren:Bishop// After which verdict being entered as aforesd the plt viz John: Strawbridge. craved an appeal, which by this Court was granted. ----- but soon after the sd Strawbridge came and requested the Court that he might relinguish his appeal, which by their worps was granted order given for the Jurors fees for Swearing sd Jury Edmund: Beauchamp. plt Somerset County Ss. Thomas. Tull of this County Planter was Sumoned to answer unto agt. of debt Thomas Tull. deft -- Edmund Beauchamp, Assignee of mr. ffrancis Jenckins late Sheriffe of this County in a plea^ - - - - - - - - - - - - - - And whereupon the plt by his Attorney James: Sangster comes and Sayes that the Said deft is become bound and stands indebted unto the plt as Assignee of the said ffrancis: Jenckins in the full and just Sum of twelve hundred pounds of good sound Mertable tobacco in Caske as doth and may appeare by a Certain bond Obligatory under the hand and seal of the said deft, bearing date the 13th. day of 7ber. Ano Domi 1688. The Condition of which is Such that whereas John: Anderson of this County Sawyer was attached to answer unto the plt in an action upon the Case, and the deft by the sd Bond, did Oblige himself his Heirs, Extrs and Admrs, that the sd Anderson, should make his personall appearance at the County Court held the second tuesday in November Ensueing the date of the sd Obligation, now the plt Comes and Sayes that the sd Anderson, either by himself or his Attorney did not appear according to the Condition of the sd Bond, but fraudulently and Craftily intending to deceive the plt of his Just due to the plt by reason of the breach of the sd Condition, as if the same had no Condition and hereupon brings this Suite. Jno. Doe Sangster. pr Quer Pledges of prosecut. Rich: Roe Verte/// |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 115 View pdf image (33K) |
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