Volume 740, Page 21 View pdf image |
21) to him the Said Edward hath not as yet delivered but the Same to him hitherto to deliver hath denyed and as yet doth deny and unjustly detaine whereupon the Said Edward Saith he is admnifyed and hath damage to the Value of Two thousand four hundred pounds of Tobacco And thereupon he brings this Accon Macklin pr qr. plegs. Jno. Doe Rcd Roe And the Said Nicho. Marsey In his proper PrSon Comes and defends the force and injury when &ca. and prays leave to Imparle hereunto untill next Court which was granted to him the Same day is given the Plaintf. Also ~~ At Which Said next Court to wit this twenty Seventh day of Janry anno Domi one thousand Seven hundred and one Comes the Said deft. in his proper PrSon as also the Plaintf. by his Attorney afd. And the Court having read, considered and consulted Concerning the Plaintifs Decln aforesaid, do | without any pleading or allegation of either of the parties plaintf. or deft. in this behalf made | conclude that the decl afd of the afd Plaintiff is not Sufficient to Maintaine the plaintfs Accon. agt. the Said defendt. So as afd brought and thereupon proceed to Judgt as follows Vizt. That the Said by his writ afd but be in mercy for his false Clamour and that the Said Nicholas Marsey go thereof without day and that the Said Edward his d sd ple^ges be Sought for for that the sd Edward hath not prosecuted his ^ writ with Effect. And Also it is considered by the Sd Court that the Said Nicholas Marsey recover against the Said Edward Fry the Sume of One hundred and Eighty four ~~ pounds of Tobacco by the Court adjudged unto the and Said Marsey for his costs and charges in this behalf laid out ^ Expended ~ ~~~~~~~~~~~~~~~
of this Court the fifth day of August Anno Domi one thousand Six hundred Ninety Eight And on the fourteenth day of Aprill Anno Domi one thousand Six hundred ninety nine At the Special instance and request of the Said Thomas had Sold and delivered unto the Said Thomas diverse goods wares and Mrcht= :dizes Amounting to the Sume of Nine thousand two hundred and nine pds of tobacco And Also At the like instance and request of him the afd Thomas On the days and in the yeares afd And within the Jurisdiction afd the Said Edward did Credit diverse persons for Sundry goods wares and Merchant= =dizes Amounting to the Sume of three thousand three hundred and fourteen pounds of tobacco which afd goods wares and Merchandizes So as afd Sold and delivered And Credits given in the whole Amounts to the Sume of twelve twenty thousand five hundred to this decln Annexed and here into Court brought the Same appeares in Conside: himselfe =ration whereof the Said Thomas upon ^ Assumed and unto the Said Edward then And there faithfully promis?d that he the Said Thomas when thereunto afterwds required the afd quantity of twelve thousand five hundred twenty three pounds of ( tobo. |
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Volume 740, Page 21 View pdf image |
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