| Volume 839, Page 152 View pdf image |
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March Court
1723
152 And says that he Cannot gainsay the plft his action afd so as afd against him brought nor Can he say but that the said plft Ought to recover his damages by Occasion of the premises afd to One thousand five hundred and thirty seven pounds of tobo and Costs of Suite against him which the said plft does not gainsay &c Therefore it is Considered by the Justices here the seventeenth day of march ann Dom One thousand seven hundred and twenty three that the said Thomas Dashiell recover against the said John Trewett Recover against the as well the sum of One thousand five hundred & thirty seven pounds of tobacco Certain damages afd in form afd Confessed as also the sum of Three hundred & Twenty (326) pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his suite in this Behalfe Laid Out & Expended & ye Deft in mercy &c
might have his Body Before the Justices of his Lordships County Court of Somersett to be held at Dividing Creek the third tuesday of March ^then^ next to answer unto Richard Holland of a plea of trespass upon the Case &c and that thereof he should not fail &c And whereupon the said Richard by Francis Allen his attorney Complains that whereas the said Thomas the first day of march ann Dom One thousand seven hundred and ninteen at the parish and County afd within the Jurisdiction of this Court was Indebted unto the said Richard in five hundred pounds of tobacco for sundry services by the said Richard for the said Thomas at the Speciall Instance and request of the said Thomas done and performed then and there as by an acco.t thereof hereunto annexed may in Court appear and being so thereof Indebted the said Thomas in Consideration thereof upon himselfe did assume and to the said Richard then and there faith fully ^did^ promise that he the said Thomas the afd five hundred pounds of tobacco to the said Richard when he should ^be^ afterwards thereunto Requested he would well and faithfully pay & Content and altho' the said Thomas Eighty three and three quarters of a pound of tobacco parcell of the afd five hundred pounds of tobacco to the said richard he hath paid and satisfyed yett as to four hundred & sixteen and a quarter pounds of tobacco Residue of the afd five hundred pounds of tobacco the said Thomas his promise and assumption afd in form afd made Little regarding but plotting and fraudulently Intending the said Richard in that Part Craftilly and Subtilly to deceive and defraud the afd four hundred sixteen and one quarter pounds of tobacco to the said Richard he hath not paid or to him for the same in any wise Contented altho' the same to do the said Thomas by the said Richard on the tenth day of march afd in the year afd and often afterwards at the parish and County afd within the Jurisdiction afd he was thereunto requested but the same to him to pay or in anywise to Content hath refused and still doth refuse and deny whereupon the said Richard saith that he is worse and hath damage to the value of Eight hundred thirty two & one halfe pounds of Tobo and thereupon he brings Suite &c Allen P Quer Pledges deft Jno Doe R Roe |
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| Volume 839, Page 152 View pdf image |
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