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8ber Secunds: 1691 ( 174 ) - - - - - - - - - - By account here in Court, but the Deft litle regarding his promise & assumption but fraudulently intending the plt to deceive in the Sum of 880 pounds of tobacco although often demanded, but refuseth to pay and still doth refuse, whereupon the plte Saith he is damnified and hath losse to the value of 1400 Pounds of tobacco & thereupon brings his Suite. pr Quer Edward: Jones The Defendt Comes and defends the force and injury and Sayes that the dft hath allready gott two other Suites agt the sd plt which is a presumption that the said action is misuse and will not hold in Law: Nemo bis punitur (ruinna?) delictu but withall we also plead that there is nothing due and accounted before Auditors neither Can he prove the assumption, and this the Deft pleads in Barr of the action. and desires it may judged by ye Court Ja. Tayler And the Plt also Edward Jones. Then was this following Deposition Produced in Court viz. March the 15th 1689/90 The Deposition of Thomas Pool Senior Saith that when Teague Riggon Senior Sued mr Henry Lynch they came to Agreemts before tryall and mr Lynch paid him two pounds of tobacco more then his demand whereupon mr Lynch Said Here Teague Ile Sue you for my two pounds of tobacco, And further your Deponant Saith not Tho: Poole. Sworne to pr Poole before mr Edmund: Howard - - - - - - - - - - - - Then was this accot preferred viz. mr Henry: Lynch Dr. for goods. dilivered to Robert Lynch Sarah: Taylor Evid Swr for plt. 1688. It. 95 Pounds of Bacon at 4 pr pll C 380 Teague Riggen Junr Swr for plt. It. 200: Pounds of Porke - - - - - - - 300 Dft It. one bushel of Salt - - - - - - - - 150 The matter being referred to the judgmt of Court 830 Teague + Riggons marke Order a Non Suit agt y plt Teague Riggen Plt. Somerset County Ss Contra Thomas Nichols late of this County was Summoned to answer unto, Thomas. Nicholls Dft Teague Riggen in an action of the Case. - - - - - - - - - - And whereupon the sd Teague by Edward Jones his Attorney Saith that the Said Thomas in the year of our Lord 1690 then became indebted unto the Plt in the Sum of 188 Pounds of tobacco as doth appear by accot and here in Court produced which Said Sum of 188 Pounds of tobacco the dft did faithfully promise to pay to the plt but the deft litle regarding his promise but fraudulenlty intending the plt to deceive in the Sum of 188 Pounds of tobacco although often thereunto required whereupon the plt Saith he is damnified and hath losse to the value of 400 Pounds of tobacco and thereupon brings his Suit pr Quer. Edward Jones. The dft pleads Satisfaction & thereupon putts himself upon the Court Ja Sangster Thomas: Nichols Dr. 1690/91. Te Riggen Junr Sumd in Court tto.a paire of Stockins C 60 and sworn for y plt. The Court orders a Non Suit agt the Plt. to tax - - - - - - - 88 Walter Tayler Sumd deps for dft to 1 hatt - - - - - - 40 Robt Catlin Sumd deps. for dft. 188 Teague + Riggen his marke |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 174 |
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