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Volume 557, Page 693   View pdf image (33K)
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subtilly to deceive and defraud the said horse unto the said
Joseph in as good condicon as Received he hath not but the same
horse he did returne both lame and gauled on the back of him
soe that the sd Joseph is utterly deprived of the use and benefitt
of the said horse wherupon the said Joseph saith that for want
of the use of the said horse and advantages which might accrue
therby he saith that he the Worse is and damage hath to the value
of six Thowsand poundes of Tobaccoe and therupon he brings
this suit        Hemsley p q.r pledg &c.a John Doe Rich Roe

And the Defend.t p William Scott by Griffith Jones his Att.rny
Pleads non Assumpsit in Manner and forme and prayes it
may be Enquired of by the Country
                                                        Jones p Defend.t

And the Plt in Like manner Hemsley

Command is therfore given to the sheerif to cause Twelve good
and lawfull men of his Bailiwick to come before this Court to
trie the Issue Joyned betweene the said Plt and Defend.t which
Jury are as Followeth

Robert Norrest
Thomas Ford
Stephen Whetston
Sam.l Wallis
Robert Bishop
Michael Miller Jun.r
Thomas Hix
John Meridith
John Knots
Thomas Beckles
Thomas Godwin
James Weyatt

Jurors

which Jury being duely sworne to Try the Issue Joyned as above
and haveing heard the declaracon and plea as before recited &
the Pleadings as well on behalfe of the Plt as the Defend.t the
Court give them their charge who withdraw continue to consider
ion the p.rmises and then returne with this Following verdict
viz wee of the Jury find for the Defendant

Therfore it is considered by this Court that the Defend.t William
Scott doe recover from the Plt Joseph Lambert as well the sume of
Fifty poundes of Tobaccoe for a Non suit as allsoe the sume of



 
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Kent County Court Proceedings, 1676-1698
Volume 557, Page 693   View pdf image (33K)
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