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219 June Court 1717 Trespass upon the Case. And that he have then and there the Said writ &ca. Att which Said next Court vizt. the Eighteenth day of June Anno Domini one Thousand Seven hundred and Seventeen the day of return of Said writ came William Frisby Gent. high Sherf of Said County and made return thereof in these words thereon Endorsed as folls vizt. Cepi Corpus pr Wm Ffrisby Sher And a declaration being fild which folls vizt. Kent Ss James Weyat Junr of Kent County Planter was attaiched to Answer unto Edward Scott of a . plea of Trespass upon the Case And Whereupon the afd Plt by Thomas - Bowne his attorney Complains that whereas the afd Deft~ the fourth day - of January Anno Domini Seventeen hundred and Sixteen at Kent County afd within the Jurisdicõn of this Court in Consideration that the afd Plt at the . Special Instance and request of the afd Deft~ had then and there Sold and — delivered to the Said Deft~ to the proper use and behoofe of the afd Deft~ ye Goods and Merchandises in an Acco.t~ hereto Annexed Amounting to Six— hundred and Tenn pounds of Merchantable Tobacco upon himselfe — assumed and to the Said Plt~ then and there faithfully Promised that ye. Said Deft~ the afd Six hundred and tenn pounds of Tobacco to the Said Plt~ when thereunto required would well and truly pay and Content and that— whereas also the afd Deft afterwards vizt. the day and Year afd at Kent at the County and Jurisdiciõn afd in Consideration that the afd Plt~ at the like Spl. Instance and request of the afd Deft~ had then and there last mentioned Sold and delivered to the Said Deft. to the proper use of the Said Deft~ the divers wares & Merchandises in Account hereunto Annexed Specifically Set forth upon himselfe assumed and to the Said Plt~ then and there last mentioned — faithfully promised that he the Said Deft~ So much Merchantable Tobacco as ye afd last mentioned Goods & Merchandises Sold and delivered as afd were at the time of the Sale and delivery thereof at Reasonable rates and prices worth and amounted to unto the Said Plt~. when thereunto required would well and truly pay and Content and the afd Plt~ in deed Saith that the afd last. mentioned Goods & Merchandises Sold and delivered as afd at the time of the Sale and delivery thereof at Reasonable Rates and prices were worth and amounted to the Sum of Six hundred & Tenn pounds of Merchantable Tobacco in the Manner as in the Said Accot~ Set forth of which the Said Deft. then and there last mentioned had Notice Nevertheless the afd Deft~ his Several promises and assumptions afd litle minding but fraudulently intending the Said Plt~ in that behalfe to deceive and defraud the afd Severall Sums of Tobacco in the whole amounting to twelve hundred and twenty pounds of Merchantable Tobacco. to the Said Plt~ altho’ afterwards. vizt. the twelth day of January and often~ after in the year afd in the County afd in the afd Jurisdiciõn he was by the Said. Plt. thereunto required hath not paid nor made Content for the Same but that to pay or Content the Said Deft. hitherto hath denied and Yet denies to. |
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Kent County Court, Proceedings, 1716-1718
| Volume 767, Page 219 View pdf image |
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