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Novemr. Court 1701 102 Comand was given to ye Sherf. of Kent County ye 29 day of March Anno Domi. 1701 that he Take Isaac Caulk of Kent County Inholder if found in his bailiwick & him Safe keepe Soe that he have his body before our Justices at ye next Court to be held for Said County to Answer unto Edward Bathurst of A plea of Trespass upon ye Case &a. Att which next Court vizt. ye 24th day of June Anno Domi. 1701 ye day of ye returne of Said Writt came Elias King high Sherf. of Said County & made returne thereof Thus Endorsed vizt. Cepi pr me Elias King Sherf. On which Said day ye Said Defendt. by Michael Earle his Attry appeares and prayes thereof to Imparle untill ye next Court which was granted ye Same day was given ye Plaintf. alsoe ~~~~ Macklin pr qr The which cause was continued from Court to Court untill this prsent Court and now here at this day vizt. ye 28. day of Novemr. Annoq Domi. 1701 came as well ye Said Deft. by his Said Attry as alsoe ye Said Plaintf. by his Said Attry and ye Said Cause Standing for Tryall ye Plaintf. Decln Kent Ss Isaac Caulk of Kent County Inholder Stands Attached to answer unto Edward Bathurst of A plea of Trespass upon ye Case And Whereupon ye Said Edward Bathurst by Richard Macklin his Attorney complaineth that whereas ye Said Edward Bathurst from ye fifteenth of Febry Anoo Domi. 1699 untill ye four & Twentieth day of Apll in ye yeare Afsd. at Kent County within ye Jurisdiction of this Court at ye Spll. Instance & request of ye Said Isaac Caulk had Sold and delivered unto ye Said Isaac Caulk divers wares & merchand[izes] amounting in ye whole to ye Sume of three hundred ninety & Six pounds of Tobo. & alsoe at ye like Instance and request of ye Said Isaac Caulk ye Said 24 day of Apll. Anno Domi. 1699 at Kent County Afsd. had paid unto A Certaine Thomas Howell by ye ord[er] and for ye use of him ye Said Isaac ye Sume of Two thousand and one pounds of Tobo. wch goods wares & Merchandizes Sold & delivered and Tobo paid as Afsd. amounts in the whole to ye Sume of Two thousand four hundred ninety & Six pounds of Tobo. as by an Acct. thereof to this Decln. annexed & hereinto Court brought ye Same appeares Inconsideration whereof ye Said Isaac upon himselfe Assumed and unto ye Said Edward Bathurst then & there faithfully promised that he ye Said Isaac ye Said Sume of 2496lb. of Tobo. when thereunto Afterwards required he would well & Truly content & pay and altho ye Said Isaac hath paid & Satisfied unto ye Said Edward Bathurst ye Sume of Seaven hundred eighty & one pounds of Tobo. yet as to ye residue thereof being one Thousand Seaven hundred and Seaven pounds of Tobo ye Said Isaac his promise and Assumption Afsd. little regarding but plotting contriving & fraudulently intending him ye Said Edward Bathurst in that behalfe craftily & Subtilly to deceive & defraud ye Said Sume of 1707lb of Tobo unto ye Said Edward Bathurst he hath not paid altho thereunto often required but to pay he hath Denyed & refused & Still Doth deny & refuse & unjustly Detaine to ye damage of ye Said Edward Bathurst Three thousand four hundred and fourteen pounds of Tobo. and thereupon he brings this Suite ~~~~~ Macklin pr qr. pleadges ~~~~~~~~~~~~~~~ &a. Jno Doe Rd. Roe |
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Kent County Court, Proceedings, 1700-1701
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