Volume 839, Page 39b View pdf image |
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Aprill
Court
1723
39
his Certain Bill against Charles Ballard Gent Chief Justice of the County Court of the right honrble the Lord Proprietary of the Court here Present here in Court in his Own Proper Person of a plea of trespass upon the Case &c The tenor of which Bill Follows in these words to the Justices of the right honrble the Lord Proprietarie of the County Court here now held for ye County of Somrsett Somrsett County ss.t Alexander Carlyle by Francis Allen his attorney Complaines against Charles Ballard Gent Chief Justice of the County Court of the Right honrble the Lord Proprietary present here in Court in his Own proper person of a plea of trespass upon the Case &c for that whereas the said Charles the first day of December ann Dom One thousand Seven hundred and twelve at Stepney Parish in the County afd of Sommersett afd within the Jurisdiction of this Court was Indebted unto the said Alexander in four thousand two hundred and Eight Pounds of tobacco and five pounds ^&^ seven pence half penny Curr.t mony it being as well for sundry goods wares and Merchantdizes by the said Alexander to the said Charles at the Speciall Instance and request of the said Charles at the Place and Jurisdiction afd before that time Sold and delivered as also for sundry sums of mony and tobacco by the said Charles for the said Alexander from sundry Persons at the Place and Jurisdiction afd had and received as also for Creditt by the said Alexander at the Like Speciall Instance and request of the said Charles at the Place and Jurisdiction afd given to a Certain Joseph Austin as also for tobacco by the said Alexander for the said Charles at the Like Speciall Instance and request of the said Charles and for his use to a Certain Adam Heatch at the place and Jurisdiction deposited and Paid and being so thereof Indebted the said Charles in Consideration thereof afterwards to witt the day ^and^ year afd at the Place afd within the Jurisdiction afd upon himselfe did assume and to the said Alexander then and there did faithfully Promise that he the said Charles the said four thousand two hundred and Eight pounds of tobacco and five pounds and seven pence halfe penny to the said Alexander when he should be afterwards thereunto requested he would well and faithfully Pray and Content and altho' the said Charles hath well and truely Paid and satisfied to the said Alexander the afd five pounds and seven Pence halfe Penny and two thousand four hundred and twenty Eight Pounds of tobacco pcell of the afd four thousand two hundred and Eight pounds of tobacco yett as to one thousand seven hundred and seventy nine and a halfe pounds of tobacco residue thereof the said Charles his Promise and assumption afd in form afd made Little regarding but Plotting and fraudulently Intending the said Alexander in that Part Craftelly & Subtilly to deceive and defraud the said One thousand seven hundred seventy Nine and a halfe pounds of tobo to the said Alexander as Yett he hath not Paid or to him for the same in any wise Contented altho' the same to doe the said Charles on the first day of August Ann Dom One thousand seven hundred and twenty One and Often afterwards in the Parish and County afd within the Jurisdiction afd by the said Alexander he was thereunto requested but the same unto him to pay or in anywise for the same to Content hitherto hath altogether refused and still doth refuse and deny whereupon the said Alexander saith he is worse and hath Damage to the value of three thousand pounds of tobacco and thereupon he Brings suite &c Allen P Qrte pledgs dep Jno Do R R And the said Charles Ballard by George Dashiell ^Levin Gale^ his attorney Comes and defends the force and Injury when &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 Comes to witt the Nineteenth day of March Ann Dom One thousand (seven) |
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Volume 839, Page 39b View pdf image |
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