Volume 839, Page 69b View pdf image |
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June Court
1723
69 And whereupon the said William Lane by William Tazewell his attorney Complaines that whereas the afd Joseph after the twenty first day of February ann Dom One thousand Seven hundred and twenty one at Stepney Parish in the County afd within the Jurisdiction of this Court made his Certain Note in Writing Called a promisary note with his proper hand subscribed bearing date the Last same day and year last mentioned and the same Note to a Certaine Jeffry Flower then and there delivered by which Certain Note the same Joseph Promised to pay to the same Jeffr'y or his order the sum of twelve pounds four shillings and four pence Curr.t money of vergania for value received and the said Jeffer'y the twenty first day of march afd Ann Dom One seventeen hundred and twenty one afd at the parish and County afd within the afd Jurisdiction did assign the said note by his the said Jeffr'y Indorsm.t thereof with his the said Feff Jeffer'y Proper hand and name unto the said Lane and by reason thereof and also by force of the Statute in such Case Lately made and Provided the same Joseph became Chargable to pay to the same Lane the afd twelve pounds four Shilling and four pence according to the tenour of the Note afd and being so Chargable the afd Joseph in Consideration thereof afterwards to witt the afd twenty first day of March ann Dom seventeen hundred and twenty one afd at the parish and County afd within the afd Jurisdiction upon himselfe assumed and to the same Lane then and there faithfully promised to pay the same Lane the afd twelve pounds four shillings and four pence according to the tenour of the same If Note Nevertheless the afd Joseph his promise and assumption afd in form afd made Little regarding but minding and fraudulently Intending the afd Lane in this part Craftely and Subtilly to deceive and defraud the afd twelve pounds four Shillings and four pence or any part thereof to the same Lane hath not paid altho' so to doe by the same Lane afterwards to witt the twenty third day of March Ann Dom Seventeen hundred and twenty one afd at the parish and County afd within the afd Jurisdiction hath been required but the Same to him hitherto to pay hath altogether refused and still doth refuse to the Damage of the same Lane twenty five pounds Curr.t money of verg.a and thereof he Brings suite &c Tazewell P Quer Plegs Jno Doe & richd Roe 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 William Lane by his attorney afd & the sherr of Sommersett County to whom the foregoeing writt was directed Likewise Comes and makes return thereof to the Court here Endorst in these words following viz.t Cepi Answers Jos: Macchester Sherr Whereupon the said Joseph Pemberton being Called appears and thereupon the said Joseph Pemberton at the prayer of the plfts attorney afd is adjudged to give Speciall Bail to the action afd Thereupon a Certain Jos: Macchester of Sommersett County Gent present here in Court undertakes for the said Joseph Pemberton that in Case the said William Lane shall recover Judgm.t in the plea afd against the said Joseph Pemberton or that the said Joseph Pemberton shall be therein Convict that then he the said Joseph Pemberton shall pay the Condemnation of the Court thereupon or render his Body to the Custody of the sherr of Sommersett County in Satisfaction thereof or that he the said Joseph Macchester will do it for him Whereupon the said Joseph Pemberton 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 statue (of) |
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Volume 839, Page 69b View pdf image |
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