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March Court
1723 153 well the said plft or the said deft by his attorneys afd and the said deft by ^in^ his One proper person and the Said deft says that he Cannot Gainsay the plft his action afd so as afd against him brough nor Can he say but that the said plft ought to recover his damages by occasion of th premisses afd to Eleven pounds Eight Shillings and one penney Curr.t ^Lawfull^ money of america and Costs and Suite against him which the said Plft does not Gainsay &c Therefore It is Considered by the Justices here the same day & Year Last mencond that the said Archibald Smith Recover against the said John Caldwell Jun.r as well the sum of Eleven 446 pounds Eight Shillings and One penney Curr.t ^Lawfull^ money of america Certain his damages afd in form afd Confessed (446) as also the sum of four hundred and forty six 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 and Expended with stay of Execution till the first day of August Next and ye Deft in Mercy &c
and twenty two at the parish and County afd within the Jurisdiction of this Court had accounted with him the said William of sundry sums of money by the said George to the said William before that time due oweing & unpaid and upon that acco.t the said George was found in arrear to the said William iun three ^six^ pounds and five shillings Curr.t money and being so thereof Indebted the said George in Consideration thereof the day & year afd at the place afd upon himselfe did assume and to the said William then & there did faithfully promise that he the said George the said six pounds five shillings in Indian Corn Porck and Beefe at Price Currt when he should be thereunto requested he would well and faithfull pay and Content and altho' the said George three pounds two shillings and six pence Pcell of the afd six pounds five shillings by the hands of Edmond Hough he hath paid and satisfyed yett as to three pounds two shillings and six pence Residue of the afd six pounds five shillings the said George his promise and assumption afd in form afd made Nothing regarding but plotting and fraudulently Intending the said William in that part Craftily and Subtilly to deceive and defraud the said three pounds two shillings and six pence to the said William altho' the same to the said George by the said William on the twentieth day of march in the ^year^ afd and often afterwards at the parish and County afd within the Jurisdiction afd he was thereunto requested hath not paid or to him for the same in any wise Contented for out the same to him hitherto to pay or in any wise for the same to Content hath Refused and still doth refuse and deney whereupon the said William saith he is worse and hath damage to the value of six pounds five shillings Curr.t mony of this province & thereupon he Brings this Suite &c F Allen P Qrte Pledges dep Jno Doe R Roe Whereupon the said George Lane in his Own proper person appears and thereupon the said George Lane at the prayer of the plfts attorney afd is adjudged to give Speciall Bail to the action afd (thereupon) |
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| Volume 839, Page 153b View pdf image |
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