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November Court 1714 48 Whereupon the Said Plt by Thomas Bowne his attorney complaines That whereas the Said Deft the fifth day of December in the year of our Lord one thousand Seven— hundred at S.t Pauls Parish in the County afd within the Jurisdiccõn of this Court in— consideration that the afd Plt. at the Special Instance & request of the Said Deft had Sold delivered to the Said Deft to the proper Use & behoofe of the Said Deft divers goods & Merchandizes as in the Account hereunto Annexed may appeare did Assume upon himselfe & to the Said Plt then & there faithfully promised that he the Said Deft Such Same or quantity of Tobacco as the Sd Goods & Merchandizes at the time of the Sale & delivery thereof were reasonably worth to the Said Plt whenever he Should be thereunto required would well & truly content & pay And the Said Plt in fact Saith that the goods & . Merchandizes afd Sold & Delivered as afd at the time of the Sale & Delivery thereof were reasonably worth the Sume or quantity of Two hundred Seventy Three Pounds of Tobacco whereof the Said Deft then and there had Notice yet nevertheless the Said Deft. his Promise & Assumpcõn in forme afd made not in the least regarding but plotting & fraudulently intending the Sd Plt in this part craftily & Subtilly to deceive & defraud the Said Two hundred Seventy Three pounds of Tobacco nor any part thereof hath not paid Altho to do the Same the Said Deft afterwards to wit the first day of May in the Year of our Lord one Thousand Seven hundred & Twelve at the Parish afd in the County and Jurisdiciõn afd by the Said Plt hath been often required but to him hitherto to pay hath altogether gainsayed & hitherto doth gainsay whereupon he Says that he is the worse & hath damage to the value of five hundred Pounds of— Tobacco and thereupon he brings Suite &ca. Bowne pr Quer pr Def Pls &ca. Jno Doe Rd Roe Alsip Robinson Dr. to Benjamin Brain Sass 5.th Decemb.r 1700 . 1 Carolina Beavr. 100 worsted Stockens 30 1 Ivory Comb 8 1 Ps of Culd binding 14d Totall 273 Errors Excepted pr Jno Falconar vera Copia taken pr Gilb.t Falconar And the Said Plt prays that the Said Deft. may to his afd Decln Answer There being Rule given to the Said Deft to plead and the Said Deft being Solemnly Called Came not on which the Said Plt by his attry afd prays Judgment for that ye Said - Deft. hath not filed his plea to the Decln afd According to rule given Yesterday - which being by the Court found to be true the Said Plt may Still remaine undefended Therefore it is Considered by the Court here viz this fifth day of November Annoque. Domini one Thousand Seven hundred and fourteen That the Said Plt Benjamin Brain Recover against the Said Deft Alsip Robinson as well the afd Same of Two hundred Seventy and three pounds of Tobacco Damages on Account of the Said Deft his not performing his promise and — Assumption afd Sustained and also the Sume of Two hundred Sixty and nine pounds of Tobo. Costs by the Said Plt About his Suite in this behalfe expended and by the Court here of his assent adjudged and that the Said Deft be taken into Custody &ca Jams Smith Clk |
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Kent County Court, Proceedings, 1714-1716
| Volume 766, Page 48 View pdf image |
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