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August Court 1720 54[5] this Court according to the Usuage & Custom of Merchants and other persons useing Comerce at the parish County & Jurisdiction afd made a Certain promissory Note in writing bearing date the day & year afd. and the Same Note then and there and with his own proper hand Sub[=] [scr]ibed and promised to pay to the said pltf by the name of Benjamin Pearce of Cecil — County the Sum of two thousand pounds of Tobacco in Caske by reason of which the sai[d] Deft. became Chargeable to pay the said pltf the sd two Thousand pounds of Tobacco ac[=] [c]ording to the Tenor and Effect of the said Note and whereas the afd. Deft. afterwards to witt the said Day and year at the parish County and Jurisdiction afd. was indebted unto the said pltf in two thousand pounds of Merchantable Tobacco for so much Tobacco by the sd [p]ltf to the sd Deft. and at this the said Defts. special Instance & Request then and there [lent] and Accommodated and being so indebted the said Deft. the day and year afd. at the [parish] County and Jurisdiction afd. did upon himself assume and to the said pltf then [& there] faithfully promise that he the said Deft. the said two thousand pounds of [tobacc]o when he should be thereunto required to the said pltf would well and truely [p]ay and Content Nevertheless the afd. Deft. his severall promises and assumptions afd. in form afd. made litle minding or regarding but ploting and fraudulently intend= ing him the said pltf in this behalf Craftily and Subtilly to deceive and defraud the sd two thousand pounds of Tobacco to the said pltf hath not paid or any ways made Content for the same (altho to do the same the said Deft. the seventh day of November in the year afd. at the parish County and Jurisdiction afd. by the said pltf hath been thereto required) but to pay the same to the sd pltf hath hitherto refused an^dstill doth refused to the dam= age of the said pltf three thousand pounds of Tobacco and thereupon he brings Suite &c Jno. Doe Johnson pr pltf } pd Rd Roe And the afd. Deft. by Thomas Bowne his Attorney Comes and Defends the force and Injury when &c and Saveing to himself all and all manner of Exceptions and advan: [tages as well] to the writt as to the Decln. in the said Accõn prays leave to imparle thereto and to [ans]wer at next Court and he hath it and the same day is given the pltf also —– At which Said next Court vizt the 21st. day of June anno Domi 1720 Came as well the said [pltf] by His afd. Attorney as the sd Deft by his Attorney afd. and no plea haveing been filed by the said Deft to the said action Rule is given to the said Deft to plead in Twenty days after Court otherwise Judgement to be rendered for want of plea and thereupon [the] same is Continued further untill next Court. At which said next Court vizt: the 16th day of August Anno Domi 1720 afd. Came as well the said Pltf by his Attorney afd. as also the Said Deft. by his said Attorney and no plea being put in to the said Acction by by the afd. Deft. According to the Rule afd. but the sd. Deft. haveing therein made Default whereby the Said pltf remains against the said Deft. without Defence Therefor it is Considered by the Court here vizt. the 17th. day of [A]ugust Anno Domi 1720 Afd. that the Said Benjamin Pearce Recover against the sd. [N]athaniell Pearce as well the Summ of Two Thousand pounds of Tobacco his Dama= [g]es afd. as also the Sum of Two hundred and fifty one ————— [p]ounds of Tobacco by the Court here adjudged to him for his Costs and Charges by him [about his suit in this] behalf laid out and Expended Jams Smith Clk |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 545 View pdf image |
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