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Somerset County Judicial Records, 1723-1725
Volume 839, Page 179   View pdf image
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             March Court               1724               179
F A:  John Dennis Jun
                       agt
Ps     Philip Selby
 Somersett County fs.    Philip Selby of allhollows parish in the County of Somersett planter
was attached to answer unto John Dennis Jun.r of a plea of trespass upon the Case &c
And whereupon the said John by Francis Allen his attorney Complaines that whereas the
said Philip the first day of august ann Dom One thousand seven hundred and twenty three at the parish and County
afd within the Jurisdiction of this Court in Consideration that he the said John Dennis then and there did satisfie and
pay to him the said Philip at the Special Instance and request of him the said Philip thirty three Shilling and
ten pence lawfull money of america in Silver for four hundred and Six pounds of tobacco good sound merchantable
tobacco at the rate of One penny P pound to be by the Said Philip to the said John when by the said John he should be
thereunto requested well and truely paid and delivered the said Philip then and there ^upon himselfe^ did assume and to the
said John faithfully did promise that he the said Philip the said four hundred & six pounds of good sound
merchantable Leafe tobacco to the said John when he should be afterwards thereunto requested he would well and
faithfully pay and Content Nevertheless the said Philip his promise and assumption afd in form afd made nothing
Regarding but plotting and fraudulently Intending the said John in that part Craftilly and Subtilly to deceive &
defraud the said four hundred and six pounds of tobacco qualified as afd or any part thereof unto the same John
altho' the same to doe the said Philip by the Said John on the first day of October 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 him
for the same in anywise Contented the same to him hitherto to pay or in any Sort for the same to Contact hath
altogether refused and still doth refuse and deny Whereupon the said John saith he is worse and hath damage
to the value of three pounds seven shillings and Eight pence lawfull mony of america and thereupon he brings this
suite   Allen P Quer   Pledgs deft Jno Doe R Roe
                Whereupon the dispute in this action is by the Court and Consent of the parties afd Referred to the award
William Whittington and John Purnell Gentl: (and if they Cannot agree that then they the said Arbitrators to
make Choice of a third person) according to the form of the Statute and Judgmt to be on the return as of this Court
thereupon days is given to the partys afd untill next Court to hear thereof their Judgmt in the premisses afd &c
Att which said next Court to witt the seventeenth day of March ann Dom one thousand seven hundred and twenty
three Come again as well the said plft by his attorney afd as the said deft in his own proper person but the
arbitrators afd returns no award in the premises afd thereupon the partys afd present here in Court Recovereth
the submission afd &c    Whereupon the said John Dennis by his attorney afd prays that the said
Philip Selby to his declaration in the plea afd may answer &c  But the said deft says nothing in Barr or
preclusion of the action afd of the afd plft why whereby the same plft remains against the same deft thereof
undefended               But because it is unknown to the Justices here what damages the said John Dennis hath
sustained by occasion of the premisses afd    thereupon the Justices here at the prayer of the plft and by Consent
of the afd deft do assess the damages of the same plft by occasion of the premisses afd according to act of assembly
in Such Case provided besides his Costs and Charges to four hundred and six pounds of tobacco &c
       Therefore it is Considered by the Justices here the same day and year Last mentioned that the said John
Dennis Recover against the said Philip Selby as well the sum of four hundred and six pounds of
                                                                                                                                     (tobo)


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Somerset County Judicial Records, 1723-1725
Volume 839, Page 179   View pdf image
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