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Somerset County Judicial Records, 1723-1725
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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Somerset County Judicial Records, 1723-1725
Volume 839, Page 69b   View pdf image
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