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June ye 12th: 1691 ( 124 ) - - - - - - - - - And therefore Command was given to the Sheriffe of this County to bring here twelve good & lawfull men of his viconage that the matter might be the better known. A List whereof are as followeth viz John: Emmett. John:Smock. Wm: Denson. Wm: Noble. Miles:Gray. Edward: Evins. Henry: Hudson Senr. Ja:Langrell Lawrence:Crawford. Thomas: Hobbs. Henry:Miles. Robert: Catlin: who being legally Sumoned and duely Sworn upon the holy Evangelists, who having heard the declaration plea & reply, as also the Oaths of five Evidences who were duely Examined. receives their Charge and are Sent forth. - - - - - - - - - - . Jno:Bishop senior plt. Tho:Selby:Junr. Evid.for deft The aforesd Jury being this day returned in Court being called Over prticularly Capt.Samll. Shewall sworn in Crt. like wise the plt and deft. called. the Jury gives in this following vertict Wm:Richardson. (viz) We of the Jury find no Cause of action --- John: Emmett foreman. Ro:Cuthbert sworn for deft being Sumd in Court. - - - This Court Confirms the verdict and Ordered to Enter the same ut Supra. Angell: Richardson:Plt. Somerset County Ss.. James: Brookshaw of this County was Contra: attached to answer unto Angell:Richardson of a plea of James: Brooshaw. Dft. trespass upon the Case. &c. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - And whereupon the sd Angell by Peter:Dent his Attorney complaineth that whereas the said James the 10th. day of Janry In the year of our Lord 1689. at Monocan within the Jurisdiction of this Court was indebted to the sd Angell in the Sum of foure hundred Pounds of tobacco being for so much by the sd Angell to the sd James lent & delivered and the said James to the sd Angell in manner aforesd being indebted did assume upon himself and to the sd Angell then and there faithfully promise that he the sd James the sd Sum of tobacco to the sd Angell when he should be thereunto requested would well and truly Content and pay. Nevertheless the said James his Promise and assumption aforesd not regarding but minding and fraudulently intending him the sd Angell in this behalf to deceive and defraud the sd Sum of four hundred Pounds of tobacco to the sd Angell hath not paid although often demanded, but hath hitherto refused, and doth still refuse to the damage of the sd Angell of 800:Pounds of tobacco and thereof he brings his Suite &c. Jno. Doe Dent pr Quer. Pleg. &c. Rich: Roe Tho: Vinson Sn: in Court for plt. The defendt sayeth that there was a legall tender of payment at Wm: ffentons Store for the moyety of the hhd of tobacco due to the plt So that there is no cause of action, being it comes within the Compass of A vexatious Suit, and this he pleads in barr of the action. Ja: Sangster The matter in hand being totally referred to this Court. (who Orders.) ye deft Brookshaw.to pay y debt. 3:Evid Sworn to attend. The Deposition of Thomas: Vinson sheweth that I tended 11: dayes on an action depending Angell Richardson plt and James Brookshaw deft on the part of the plt, and therefore humbly Craves an Order vid:fo for ye Same. 25 Sworne in Court before me. Samuell. Hopkins.. - - - - - - - - - - - - - - - - - - - Wheeler Jno. Huft. made Oath in Open Court that he had attended eleven dayes on the behalfe of Angel:Richardson plt agt James: Brookshaw deft. Sworn before Jno. King. |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 124 View pdf image (33K) |
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