Volume 839, Page 52 View pdf image |
June
Court
1723
52 against the said Jonathan Raymond in the Plea afd as followeth vizt Sommersett County ss.t Jonathan Raymond of Stepney Parish in Sommersett County Planter was Sumoned to answer unto Henry Toadvine of the said County Planter of a plea of trespass upon the Case &c And whereupon the said Henry P George Dashiell his attorney Complaines that whereas the said Jonathan in the year of Our Lord One thousand seven hundred and twenty One at the Parish and County afd within the Jurisdiction of this Court was Indebted unto the said Henry in the sum of twenty five Bushells of Indian Corn and five hundred pounds of tobacco and two hundred and fifty gall.s of sider as p account hereunto annext may in Court appear and the said Jonathan Being Indebted as afd for and in Consideration afd at the time and Place afd did upon himselfe assume and to the said Henry then and there did faithfully Promise that the said twenty five Bushells of Indian Corn five hundred pounds of tobacco and two hundred and fifty gallons of sider he would well and truely Content and Pay when he should be thereunto required and altho twenty five Bushells of Corn and five hundred pounds of tobacco he hath paid yett as to the Residue being two hundred and fifty gallons of sider tho' often thereto requested he hath not paid nor in any wise Contented but the same to do hath denyed and still doth deny to the Damage of the said Henry of One thousand pounds of tob.o and thereupon he Brings this Suite Dashiell P Querte Pledgs Jno Do R Roe 1721 Jonathan Raymond Dr P Cr To a horse sold you for twenty five Bushells Corne 500 tobacco By 25 bushells of Corne and two hundred and fifty Gall of sider and 500 tobo 1000 his Ball due 250 gall sider Errors Excepted p Henry H Toadvine marke A Copy of the foregoeing declaration was made and sent with the writt in the Plea afd Att which said third tuesday of June to witt the Eighteenth day of the same month Ann Dom One thousand seven hundred and twenty three Being the day of the return of the said Writt Comes the said Henry Toadvine by his attorney afd and the Sher of Sommersett County to whom the foregoeing writt was directed Likewise Comes and makes return thereof to the Court here Endorst in these words vizt Cepi Corpus p Jos: MccChester sher Whereupon the said Jonathan Raymond in his Own proper person Comes and defends the force and Injury when &c 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 Premisses afd to the sume or quantity of Two hundred and fifty Gallons of sider and Costs of suite against him which the said Plft does not gainsay &c Therefore it is Considered by the Justices here the Eighteenth day of June Ann Dom One thousand seven hundred and twenty three that the said Henry Toadvine Recover against the said Jonathan Raymond as well the sum or quantyty of two hundred and fifty gallons of sider Certain damages afd in form aforesaid (294) Confesed as also the sum of two hundred and Ninty four pounds of tobacco by ye Court here adjudged unto him for his Costs and Charges by him about his suite in this Behalfe Laid Out and Expended and ye Defendent in Mercy &c |
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Volume 839, Page 52 View pdf image |
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