Volume 767, Page 222 View pdf image |
June Court 1717 22[2] Plt~ in deed Saith that the afd last mentioned Goods & Merchandises Sold and delivered as last mentioned at the time of the Sale and delivery thereof at Reasonable rates and prices were worth and amounted unto the Sum of Six hundred forty & Six pounds of Merchantable Tobacco in the manner as in the Said Accot. Sett forth of which the Said Deft~. then and there last mentioned had Notice Nevertheless the afd Deft~ his Severall promises and assumption afd litle minding but fraudulently intending the Said Plt~ in that behalf to deceive and defraud the afd Severall Sums of Tobacco in the whole amounting to Twelve hundred and ninety two pounds of Merchantable and often after Tobacco to the Said Plt~ altho’ afterwds vizt. the twentieth day of February^ in the Year afd in the County afd in the afd Jurisdiciõn by the Said Plt~ was 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 the damage of the Said Plt~. Two Thousand pounds of Merchantable Tobacco and thereupon he brings Sute &ca. TBowne pr Querr plegs &ca. Jno Doe & Rd Roe and the Said Deft~ being called came and the afd Plt~ by Thomas Bowne his attry. and prayd that the Said Deft~ might give Special baile to the afd Accõn which was granted and that he be kept in Safe Custody by the Sherf of Said. County untill he Shall give Special baile After which came into Court Nathaniel Rickets of Said County and Acknowledges himselfe Special baile in the afd Accõn and doth undertake for the afd Deft the payment of the Damages afd and Cost accrewing if in case the afd Plt~ Shall obtaine Judgment in the Said Accon of Trespass upon~ the case and the Said Deft~ the Condemnation afd Shall not Satisfie nor~. himselfe to the Custody of the Sherf of Said County deliver or that the afd Nath.l the body of the Said Deft~ Shall not render &ca. and the Said Deft~ in his proper person appears to the afd Accõn and Saith that he Cannot gainsay the accõn afd of him the Sd Plt~ nor but that he is indebted to the afd Plt the Sume of Six hundred forty Six pounds of Tobacco as above declared and is willing that Judgment Shall be entred for the Same & Cost accrue: ing Therefore it is Considered by the Court here vizt this Twentieth day of June Anno Domi Seventeen hundred and Seventeen That the afd Plt~ Edward Scott do - Recover against the Said Deft~. Thomas Powell as well the afd Sume of Six hundred forty Six pounds of Tobacco Damages by the afd Plt~ Sustained on Account of ye Said Deft~ his not performing his promise and assumption afd as also the Sume of two hundred and ninety pounds of Tobacco Cost by the afd 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 Court adjourns to Court in Course &ca |
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Volume 767, Page 222 View pdf image |
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