Volume 833, Page 296 View pdf image |
296 June Court 1719 money which he unjustly Detaines &c And whereupon the afd. plt by Thomas Bowne his Attorney Saith that whereas the afd Deft the Eleventh day of october in the Year of our Lord Christ one thousand Seven hundred and Eighteen at St pauls parish in Kent County within the Jurisdiction of this Court by his Certain Bill Obligatory which he the Sd Deft Sealed with his Seal and as his deed delivered here into Court brought the day whereof is the Same day and year afd. Bound himself to pay to the afd plt the afd. full and Just Sume of one thousand five hundred forty Six pounds of good Cleare dry tobacco Cleare of all ground Leafe and trash in Casque of the afd value of fifteen pounds Sterling money Convenient in the Sd County at or upon the tenth day of October next ensueign the date of the Sd Bill Obligatory Yett the afd Deft. altho often required the afd. Summe of one thousand five hundred forty Six pounds of good merchantable Tobacco to the afd. plt hath not paid but that to him to 7s render or pay he the Sd Deft. hitherto hath denyed and Still doth deny and unjustly detaine to the Damage of the Sd Plt five pounds Sterling money and thereupon he brings Suite &c TBowne pr qr plds Jno Doe } Rd Roe } And the afd John Jones in his properson [sic] Comes and defends the force and Injury when &c. and Says that he Cannot Gainsay the afd Pltf his his action afd. against him brought nor Can he Say but that the Sd Plt ought to Recover agst him his Debt afd. to the Summ of one thousand five hundred forty and Six pounds of Tobacco and Coste of Suit agst him which the Sd plt does not Gainsay Therefore it is Considered by our Justices here this 20th day of June anno Domi 1719 that the afd. Gilbert Higginson Recover against the afd John Jones Senr. as well the Summ of One thousand five hundred forty and Six pounds of Tobacco his Debt afd in form afd Confessed as also the Summ of two hundred and Sixty one pounds of Tobacco by the Court here adjudged to him for his Costs and Charges by him about his Suit in this behalfe Laid out and Expend: ed and the Deft in mercy &c. Jams Smith Clk |
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Volume 833, Page 296 View pdf image |
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