Volume 833, Page 308 View pdf image |
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308 August Court 1719 County within the Jurisdiciõn of this Court In Consideration that the afd Plt at the Speciall Instance and Request of the afd Deft had Sold and delivered to the afd Deft and to the proper use and behoofe of the afd Deft diverse Goods and Merchandizes at the Severall rates and prices in an Account hereunto Annexed Sett forth in the whole amounting to Eleven hundred and Seven pounds of Merchantable Tobacco upon himself assumed and to the plt then and there faithfully promised that he the Said Deft the afd Sume of Eleven hundred and Seven pounds of Merchantable Tobacco to the Same Plt when thereunto afterwds he Should be required would well and truly pay and Content nevertheless the afd Deft his promise and assumption afd in manner and forme afd made in now wise minding or regarding but plotting and fraudulently Intending him the Said plt in this behalf Craftilly and Subtilly to defraud and deceive the afd Eleven hundred and Seven pounds of Merchantable Tobo or any part thereof to the Said Plt he hath not paid or in any wise made Content for the Same Altho’ to do the Same he the afd Deft afterwds vizt the Sixteenth day of June in the Year afd at the Parish County and Jurisdiciõn afd and often afterwds by the Same Plt was thereunto required but that to him to pay or Content for the Same hitherto hath denied and Still doth deny to the damage of him the Said Plt twenty two hundred and fourteen pounds of Merchantable Tobacco and thereupon he brings Sute &ca. DMacbride pr Querr plds Jno Doe & Rd Roe
Whereupon at the Prayer of the Plt by his attry afd the Deft is adjudged to give Speciall baile to the Accon afd Thereupon Thomas WindallSenrof Kent County planter present in Court undertakes for the Said Thomas Windall junr. that in Case the Said James Cruckshank Shall Recover Judgment in the plea afd against the Said Thomas Windall junr. or that he the Said Thomas Windall junr. Shall be therein Convict that then he the Said Thomas Windall junr. Shall pay the Condemnation of the Court thereupon or render his body to the Custody of the Sherf of Kent County in Satisfaciõn thereof or that He the Said Thomas Windall Senr. will do it for him and now at this Court to wit the 19th day of August Anno Domi 1719 here present in Court the afd Deft in his proper person comes and defends the force & injury when &ca. And Says that he Cannot gainsay the Plt his accõn afd So as afd against him brought nor he can he Say but that the Said Plt ought to Recover his damages by Occation of the premises afd to the Sume of Eleven hundred and Seven pounds of Tobacco and Costs of Sute against him wch. |
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Volume 833, Page 308 View pdf image |
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