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12 March Court 1717 Trespass on the Case And whereupon the Sd Plt. by John Johnson his attry Complains for that whereas that there has been & Still is a certain Custome amongst Merchants & other persons residing in the County afd using Comerce having been used & approved that is to Say If any Mercht. or other person there having Comerce Should make any note or order in writing & thereto Subscribe his name and the Said note or order Should direct~ to any other Mercht. or person thereby requiring Such Mercht. or other person to pay or cause to be paid to any Mercht. or other person any Sum or quantity of Tobacco or money & Such Mercht. or other person Should by writing under his hand thereto Subscribed accepted of the Said note or order then Such Mercht. or other person So acceping Such note or order Should be lyable to pay to Such Mercht. or other Person in the Sd note or order mentioned and whereas a Certain Nehemi: :ah Powell the Twentieth day of Janry. in the Year of our Lord one thousand Seven hundred & Seventeen at the parish of St. Pauls in the County afd & within the Juris[:] :diciõn of this Court having then and there a Commerce according to the Custome afd made his certain Note or order in writing with his own hand thereto Subscribed & the Sd note or order to the Said Deft~. directed thereby requiring the Said Deft to pay to the Said Plt. or order five hundred pounds of good Sound Merchantable Leafe Tobacco in Casque which Said note or order the Sd Deft~. did the Twenty nineth day of Janry in ye Year afd at ye Parish County & Jurisdiciõn afd) accept to pay to ye Sd Plt the Sd Sum of five hundred pounds of Tobacco in Casque in the Said note or order mencon: :ed by reason of which Premises the Said Deft~ became chargeable & Yet remains chargeable to pay to ye Sd Plt~ in the Sd Note or order mencõned the Sd five hundred pounds of Tobacco in the Said Note or order Specified according to ye forme & Effect of the Said Note and thereupon the Sd Deft in Consideration of ye premises afterwards to wit the Sd Twenty nineth day of Janry in ye year afd at the Parish County & Jurisdiciõn afd upon himselfe assumed & to ye Sd Plt~. then & there faithfully promised that he the Said Deft~ the Said five hundred pounds of Tobo. according to ye tenor & effect of the Sd note to ye Sd Plt would well & truly content & pay and whereas the Said Deft. the thirtieth day of Janry. in the Year afd at the Parish County & Jurisdiciõn afd was indebted unto the Said Plt in the Sum or quantity of five hundred pounds of Tobacco for So much Tobacco by him the Said Plt~. for his the Sd Defts proper use & behoofe & at his the Said Defts — Special Instance & request then and there lent & accomodated and being So indebted the Said Deft the day & year last~. mentioned at the Parish County and Jurisdiciõn. afd did upon himselfe assume & to the Said Plt then & there faithfully promised that he the Said Deft~. the Said Sume of five hundred pounds of Tobacco to ye. Said Plt~ when he Should be thereunto required would well & truly content & pay Nevertheless the afd Deft his Promises and Assumptions afd in forme afd made litle minding or regarding but plotting & fraudulently intending him the Said Plt~ in this behalfe craftily & Subtilly to deceive & defraud the Said five hundred — pounds of Tobacco to the Said Plt~. (altho’ often required the Said Deft~. the thirty first day of Janry. in the Year afd at the Parish County & Jurisdiciõn afd & often Since by the Sd Plt. hath been thereto required) hath not paid nor to him for the Same hath any ways contented but to him hitherto to pay hath hitherto Refused and Still doth refuse wherefore he Says he is worse & hath damage to ye. |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 12 View pdf image |
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