Volume 833, Page 490 View pdf image |
490 June Court 1720 Seven hundred and nineteen at St pauls parish in County afst. and within the Jurisdiction of this Court was indebted unto the afd. Plt in the Sum of four hundred Sixty and four pounds of Tobacco for diverse goods wares & merchandizes by him the Sd plt to the Sd Deft. Sold and delivered and be: ing So indebted the Sd Deft. the day and year afd. in Consideration thereof did upon himself assume and to the Sd plt faithfully promise that he the Sd Deft. the Sd Sum of four hundred Sixty & four pounds of Tobacco to the Sd plt when he Should be thereunto required would well and truly pay & Content. Nevertheless the afd. Deft. his promise and assumption afd. made and provided litle minding or regarding but ploting and fraudulently intending him the Sd plt in this behalf craftily and Subtilly to deceive and defraude the Said four hundred and Sixty four pounds of Tobacco to the Sd plt hath not paid but to do the Same hath hitherto refused and Still doth refuse to the damage of the Sd plt. five hundred pounds of Tobacco and thereupon he brings Suit Jno Doe Johnson pr plf } plds Rd Roe Whereupon at the prayer of the plt. the Deft. is adjudged to give Special Bail to the accõn afd. thereupon Robert Meckey of Kent County Planter present herein Court undertakes for the Sd. George Mackey that in Case the Sd. John Midford Shall recover Judgement against the Sd George in the action afd Mackey^ or that he the Sd George Mackey Shall be therein Convict that then the Sd. George Mackey Shall pay the Condemnation of the Court thereupon or render his Body into the Custody of the Sheriff of Kent County in Satis faction thereof or that he the Sd. Robert Mackey will do it for him And now at this Court vizt. the 28th day of July anno Domi 1720 the afd. Deft. here in Court present in his proper person Comes and defends the force and Injury when &ca. and Says that he cannot gainsay the plt afd. his Accõn So as afd. against him brought, nor can he Say but that the Sd plt ought to recover against him his damages afd. by Occasion of the premisses to the Sum of four hundred and Sixty four pounds of Tobacco and Cost of Suit agst him which the Sd plt. doth not gainsay Therefore it is Considered by the Justices here the 28th. day of July anno Domi 1720 That the Said John Mid: for Recover against the Sd. George Mackey as well the Sum of four hundred and Sixty four pounds of Tobacco his Damages afd. in form afd. Confessed as also the Sum of two hundred and fifty Six pounds of Tobacco by the Court here adjudged to him for his Costs and Charges by about his Suit in this behalf laid out and expended and the Deft in Mercy &c Jams Smith Clk |
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Volume 833, Page 490 View pdf image |
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