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371 March Court 1717 [hu]ndred & fifty eight pounds of Merchantable Tobacco upon himselfe assumed and to ye Sd Plt~. then & there faithfully promised that he the Said Deft~. the afd Sume of Six hundred & fifty eight pounds of Merchantable Tobacco unto ye Sd Plt. when thereunto required would well & truly pay & Content And that whereas also ye afd Deft~ afterwds viz the afd Seventh day of September in ye Year of our Lord Christ one Thousand Seven hundred and Seventeen at ye Parish County & Jurisdiciõn afd In Consideration that the afd Plt. at the like Special Instance & request of the afd Deft- and then and there last mentioned Sold and delivered unto the afd Deft~. and to the proper use and behoofe of the afd Deft~. diverse goods & Merchandizes as in the Said Accot. Set forth upon himselfe assumed and to the Said Plt~. then and there last mentioned faithfully promised that he ye Sd Deft~. So much Merchantable Tobacco as the afd last mentioned goods & Merchandizes Sold & delivered as last Sold at ye time of the Sale & delivery thereof at reasonable rates & prices were worth & amounted to unto ye Sd Plt when thereunto required would well & truly pay & Content & ye afd Plt. indeed Saith that ye afd last mentioned goods & Merchandizes Sold & delivered as last Said at ye time of ye Sale and delivery thereof at reasonable rates and prices were worth and amounted unto ye Sum of Six hundred & fifty eight pounds of Merchantable Tobacco in manner & form as in ye Sd Accot. Sett forth of which ye Sd Deft~. then and there last mentioned had Notice Nevertheless ye afd Deft his Sever: :all promises & Assumptions afd in form afd made litle minding but fraudulently Intending him the Sd Plt. in that behoofe to deceive & defraud the afd Severall Sums of Tobacco in ye whole amounting unto ye Sum of one Thousand three hundred & Sixteen pounds of Merchantable Tobacco to ye Sd Plt. altho’ afterwds viz ye twenty Second day of Novembr. in ye Year afd & often after at ye Parish County & Jurisdiciõn afd was thereunto required hath not paid nor made Content for the Same but that to pay or Content ye Sd Deft~ hitherto hath denyed and Still doth deny to the damage of him ye Sd Plt~ thirteen hundred pounds of like Tobacco afd & thereupon he brings Sute &ca. TBowne pr Querr pls. Jno Doe & Richd Roe
Mr. James Harris And the afd Deft~. being called Came and the afd Plt. by his afd Attry prays that the afd Deft may give Special baile to the afd Accõn which is granted and that he be kept in Safe Custody by the Sherf of Said County untill he Shall give~ Special baile to the afd Accõn after which George Hastins of Said County herein Court Cometh and Acknowledged himselfe as Special baile in the afd Accon & doth undertake for the afd Deft~. ye Payment of ye Damages and Cost afd [if it Should] happen that |
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| Volume 767, Page 371 View pdf image |
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