Volume 730, Page 159 View pdf image |
107 Novemr. Court 1701 Therefore it is considered by ye Court here this day vizt. ye 28. day of Novemr. Anno Domi. 1701 That ye plaintf. Richard Fillingham doe recover from ye Said Defendt. Thomas Tolley as well ye Sume of Three hundred ninty & five pounds of Tobo Debt as alsoe ye Sume of Two hundred eighty and nine pounds pounds of Tobo. Cost of Suite & ye Said Defendt. in Mercy ~~~~~~~~~~~~~~~ Jno Dowdall Clk
of Trespass upon ye Case The which next Court being an Adjourned Court all writts & other prcepts were contd in ye Sherf. Coroners & Constables Hands untill ye next Court following Att which next Court vizt. ye 23d. day of Sepr. Annoq Domi. 1701 ye day of ye returne of Said writt according to Adjournemt. came Elias King high Sherf. of Said County & made returne Thereof in these words following vizt. ~~~ cepie corpus pr Elias King Sherf. On which Said day ye Said Defendt. in his proper person Appeares & prayes thereof to Imparle untill ye next Court which was granted unto him ye Same day was given ye plaintf. And now here at this day vizt. & 28 day of Novemr. Annoq Domi. 1701 came as well ye Said Defendt. in his proper person as alsoe ye Said Plaintf. by Richard Macklin his Attry and ye Said cause Standing for Tryall ye Plaintf. Decln Kent Ss Thomas Tolley of Kent County Gentn. Stand Attached to Answer unto Edward Stevenson of A plea of Trespass upon ye Case And whereupon ye Said Edward by Richard Macklin his Attry complaines that whereas ye Said Thomas ye eleventh day of Apll. Anno Domi. 1701 at Chester river in Kent County wthin ye jurisdic :tion of this Court Stood Justly Indebted unto ye Said Edward in ye full & just Sume of Two pounds Sterlg. mone and ye Said Thomas being indebted Soe as Afsd. unto ye Said Edward ye Sd Thomas did draw his certaine noate or Script Signed wth. ye proper name & hand of ye Said Thomas directed to a certaine Wm Dowling requesting thereby ye Said Wm Dowling to pay to ye Said Edward Stevenson or ordr. ye Said Sume of Two pounds Sterg. money which ye Said Thomas was indebted to ye Said Edward and place ye Same to ye Acct. of him ye Said Thomas which Said noate or Script is here in Court brought In consideracon thereof ye Said Thomas upon himselfe assumed and unto ye Said Edward then & There faithfully promised that if in case ye Said Wm Dowling Should faile in ye payment of ye Said Two pounds Sterg money unto him ye Said Edward Steavenson that then he ye Said Thomas ye Said Sume of Two pounds Sterlg. money unto ye Said Edward when thereunto Afterwards required he would well & Truly pay And ye Said Edward in fact Saith that he did prsent ye Said Noate or Script unto ye Said Wm Dowling requireing of ye Said Wm Dowling ye paymt. of ye Said Two pounds Sterg. in ye Said noate contained who Utterly refused ye paymt. thereof yet Nevertheless ye Said Thomas Tolley his promise & Assumption not minding nor regarding nor in any Manner weighing but plotting contriving & fraudulently intending ye Said Edward in that behalfe craftily & Subtilly to deceive & defraud ye Afsd. Sume of Two pounds Sterg in money According to his promise & assumption altho often Afterwards demanded unto ye Said Edward Stevenson ye Said Thomas Tolley as yet hath not paid but ye Same to him to pay hitherto hath denyed and as yet ye Same to him |
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Volume 730, Page 159 View pdf image |
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