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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 70   View pdf image
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                                    March    Court    1701                                               [50]
Himselfe Assumed and unto ye Said Plaintf. faithfully promised that he ye Said Thomas
would well & Truly Returne and Ship home in ye Ship Called ye factor ye produce of ye
Said Sume of twenty four pounds Sixteen Shillg. delivered as Afsd. by ye Said plaintf [ye by]
ye Said Thomas to be disposed of as Afsd. and alsoe would well & Truly pay unto ye Said plaintf.
in Tobo. to be returned to ye Said Plaintf. to England in ye Said Ship ye factor at her then
next returne for ye Afsd. Sume of fifteen pounds one Shillg Soe as Afsd. Sold and delivered
by ye Said Plaintf. to ye Said Thomas Yet Nevertheless ye Said Thomas his Afsd promise
& Assumption not Minding or regarding but plotting and fraudulently intending ye Said Plaintf.
in that behalfe Craftily & Subtilly to decieve & defraud ye produce of ye Said Sume
of Twenty four pounds Sixteen Shillg and payment for ye Said Sume of fiteen pounds one
Shillg to returne for England to ye Said Plaintf. by ye Ship Factor According to his Afsd. prmise
& Assumption did and Yet doth deny & refuse altho often demanded whereupon ye Said
Plaintf. Sayes damnified and damages hath Sustained to ye value of Thirty thousand
pounds of Tobo. and thereupon he brings this Suite       Macklin pr qr.
Octor. ye 10th. 1698    Mr. Thomas Tolley Dr.       Pr.       Conta.     Crdr.
Sold and Delivered you in goods on yr. own Acct. 15lb-,,1s-,,d
More Sent you to be disposed off & delivered

you as by An Invoise you had 23 - ,, ,, - ,,
more 2 pr. of briches off   1 - 16  - ,,

~~~~~~~~

 39 - 17 - ,,
On which Said day vizt. ye 27 Day of March Annoq Domi. 1701 came ye Said Defendt.
Thomas Tolley & Confessed judgement in his prpr person for ye Said Sume of Thirty nine pound[s]
Seaventeen Shills Sterg. & cost of Suite

Therefore it is Considered by ye Court here vizt. ye 27 day of March Annoq Domi. 1701
That ye Said Plaintf. Henry Brailey Doe recover from ye Said Defendt. Thomas Tolley as well
ye Sume of Thirty Nine pounds and Seaventeen Shillings Sterg. Debt as alsoe ye Sume of
four hundred and Two pounds of Tobo. cost of Suite and ye Said Thomas Tolley in Mercy
                                                                                                Jno Dowdall Clk

Comand was given to ye Sherf. of Kent County ye 29 Day of Novemr. Annoq Domi. 1700 that he
Take Thomas Tolley of Kent County Gentn. if found in yr. bailiwick and him Safe keepe Soe that he
his bodie have before his Majties Justices at A Court to be held for our Said County ye fourth
Tuesday of Janry next to Answer unto Henry Brailey of A plea of Trespass upon ye Case
Which next Court vizt. ye 28. day of Janry Annoq Domi. 1700 being an Adjourned Court all
prcepts were Contd. in ye Corroner Sherf. & Constables Custody untill ye Eleventh day of
Febry following            On which Said day vizt. ye eleventh day of Febry Annoq Domi
1700 ye Day of ye returne of Said writt Came Elias King high Sherf. of Said County &
made returne thereof in these words vizt. Cepi Corpus pr    Elias King Sherf.
But ye Said Plaintf. by Richard Macklin his Attry moves ye Court that ye Said Defendt.
Thomas Tolley may be Comitted into ye Sherf. Custody & there to remaine untill he find
Espll. baile to Said Action which was granted unto him         Ordered Therefore that ye
Sherf. of Kent County doe Take into his Custody ye bodie of Thomas Tolley and there to
remaine untill he find Espll baile to this Action now depending between Henry
Brailey Plaintf. and ye Said Thomas Tolley Defendant       Jno Dowdall Clk



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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 70   View pdf image
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