| Volume 839, Page 248b View pdf image |
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November Court 1724
248 and subtilly to Defraud and Deceive the afd sum of six hundred pounds of tobacco and Two pounds Three shillings Currant money as afd Or any Part thereof to the afd Capell (although the same William afterward that is to say the second day of June in the year afd within the Jurisdiction afd wee thereunto By the said Capell requested) hath not paid or any way Contented But the same William the same hither to to the same Capell to pay or any way to Content hath altogether refused and still doth refuse whereby the same Capell says he is the worse and hath damage to the Value of Twelve hundred Pounds of Tobacco and five pounds Currant money as afd and thereof he brings this suit &c Levin Gale P Qure pledgs d prov &c John doe Richd roe And the said William Francis by Alexander Hall his attorney Comes and Defends the force and Injury when and &c and Prays Leave to Imparle hereunto untill the next Court and he hath it and the same day is Given to the Plft also Att which said Next Court to witt the Eighteenth day of August Ann Dom One thousand seven hundred and Twenty four Came again as well the said Plft as the said Deft by their attorneys afd and the said Deft by his said Attorney Prays further Leave to Imparle Hereunto untill the Next Court and he hath it and the same day is Given to the Plft also Att which said Next Court to witt the seventeenth day of November Ann Dom One thousand seven hundred and Twenty four Came again as well the said Plft as the said Deft by their attorneys afd And Whereupon the said Capell by his said Attorney Prays that the said William Francis that he answer the declaration in the Plea afd may answer &c thereupon it is said by the Court unto the said William Francis that he answer the declaration of the Said Capell in the Plea afd before four of the Clock in the afternoon of the same day at his Perill & or And afterwards in the same Court at four of the Clock in the afternoon of the same day the afd William Francis altho' solemnly Called Cometh not nor Nothing says in Barr or preclusion of the Action afd of the afd Capell King By that the Same Capell remaines against the afd William Francis thereof Undefended &c Whereupon the said Capell his damages by Occation of the premisses afd againest the afd William Francis Ought to recover But here Because it is not Known what Damages the afd Capell hath sustained by Occation of the Premisses the Justices According to Act of Assembly in Such Case made and Provided at the Prop of the said Capell do assess the damages of the said Capell by Occation of the premisses afd besides his Costs and Charges to six hundred pounds of Tobacco and Two pounds three shillings Currant money and for his Costs and Charges One pound of Tobacco Therefore it is Considered By the Justices here the seventeenth day of November Ann Dom One thousand seven hundred and Twenty four that the said Capell King recover againest the said William Francis as well the sum of six hundred pounds of tobacco (and) |
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| Volume 839, Page 248b View pdf image |
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