Volume 766, Page 49 View pdf image |
November Court 1714 49 Subtilly to deceive and defraud the Said five hundred Eighty & one pounds of Tobacco or any part- thereof to the Said Hanse (altho’ to do the Same the Said Dominick the Said Day & Year last mentioned & oftner Since at the Parish afd in the County & Jurisdiccõn afd by the Said Hanse hath been thereto required) hath not paid but to him to pay hath altogether refused & hitherto doth refuse to the Damage of the Said Hanse one Thousand Pounds of Tobacco and thereupon he brings his Suite &ca. . Bowne pr Querr pr Def Plegs &ca. John Doe Richd Roe . And the Said Plt by his afd attry prays that the Said Deft to his Decln afd may . Answer Rule being given to the Said Deft to plead yesterday. and the Said Deft by his afd Attry haveing put in no plea to ye. afd Decln the Said Plt by his Said attry. prays that the Said Deft may be Called and the Said Deft. being Called Came and Saith that he Cannot gainsay the Accõn afd of him the Said Plt nor but that he did promise to pay the abovesd Tobacco Amounting to the Sume of five hundred and eighty one pounds of Tobacco and is willing that Judgment Should be entred for the Same & Cost thereon Accrueing. Therefore it is Considered by the Court here viz.t this fifth day of Novembr. Annoque Domini one Thousand Seven hundred and fourteen That the Said Plt Hanse Hanson~ Do Recover against the Said Deft Dominick Kenslagh as well the afd Sume of five hundred Eighty one pounds of Tobacco Damages by the Said Plt. on Account of the Said Dominick his not performing his Promise and Assumption afd. Sustained and also the Sume of Two hundred and fourty nine pounds of Tobacco Cost by the Said Plt about his Suite in this behalfe expended and by the Court here of his assent adjudged and the Said Deft in mercy &ca Jams Smith Clk .
found for the Deft. the Said Plt by Thomas Bowne his attry moves in arrest of Judgmt. on the verdict of the Jurors afd which is granted and that he file Reason in the Same. thirty day before next Court and thereupon the Same is Continued to ye next Court in Course Court adjourns till Tomorrow morning eight of Clock :
John |
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Volume 766, Page 49 View pdf image |
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