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August Court
1723
17 110 Complained and of this he puts himselfe upon the County Dashiell P Deft And ye afd plft in Like manner F Allen P Qrte Thereupon Command is given to the sherr of Sommersett County that Immediately he Cause to Come here twelve &.c by when &.c who Neither &.c to recognize &.c Because as well &.c of which said preceipt the said sherr to witt Joseph Macclester Gent now here at this day to witt the same day and year Last mentioned makes return that he has here ready twelve &.c as by his said Preceipt he was Commanded and Now here afterwards to witt the same day and year Comes as well the said plft as the said deft by their attorneys afd and the Jurors of that Jury Impannelled Being Called Likewise Came to witt John Elzey, John Beavens, John Fleming, Jonathan Raymond, Charles Townsend, John Tull, John Gillett, Thomas Collins, John Turvell, John Williams, Robert Mitchell, Lazarus Maddux Poakamok who being duely Elected tryed and sworn to say the truth in the premisses upon their Oath do say that the said Edmond Huggin did assume upon himselfe in manner and form as the said Robert Martin above against him hath Complained and do assess the damages of the said Robert by occasion of the premisses afd besides his his Costs and Charges in this behahalfe Laid Out and Expended to Eight hundred and seventy four pounds of tobacco and One pound of tobo Cost &.c Therefore it is Considered by the Justices here the twentieth day of August ann Dom One thousand seven hundred and twenty three that the said Robert Martin Recover against the said Edmond Huggin as well the sum of Eight hundred and seventy four pounds of tobo his damages afd in form afd assesed (394) as also the sume of Seven hundred and fourteen pounds of tobo by the Court here adjudged unto him for his Costs and Charges by him about his suite in this Behalfe Laid Out & Expended and ye Deft in Mercy &.c
Jurisdiction of this Court was Indebted unto the said Robert in four hundred and sixty pounds of tobacco for Levies and forbearance thereupon to the said Robert then and there due Oweing and unpaid as by an acco.t thereof hereunto annexed may in Court appear and being so thereof Indebted the said Timothy Inconsideration thereof to witt the day and year afd at the place afd upon himselfe did assume and to the said Robert when he should be afterwards thereunto requested he would well and faithfully pay and Content Nevertheless the said Timothy his promise and assumption afd in form afd made Lettle regarding but plotting and fraudulently Intending the said Robert in that part Craftilly and subtilly to deceive and defraud the afd four hundred & sixty pounds of tobacco to ye said Robert he hath not paid or to him for the same in any wise Contented altho' the same to doe the said Timothy by the said Robert on the first day of December in the year afd and often afterward in the County and parish afd within the Jurisdiction afd he was thereunto requested But the same to him to pay or in any wise to Contact hath refused and still doth refuse and deny whereupon the said robert saith he is worse and hath damage to the value of Nine hundred p and twenty pounds of tobacco and thereupon he Bringeth Suite &.c Allen P Qre Pledg def Jno Doe R Roe |
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