Volume 839, Page 75b View pdf image |
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June Court
1723
75 And the said John Anderson in his own proper person 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 to witt the Eighteenth day of June ann Dom One thousand seven hundred and twenty three Comes again the said Robert Martin by his attorney afd and prays that the said John Anderson to his declaration in the plea afd may answer But the said John Anderson altho' solemnly Called Comes not but makes default whereby the said plft remains against the said deft thereof undefended for which the afd Plft his damages by occasion of the premisses afd against the afd John Anderson ought to recover Whereupon at the prayer of the same Plft the Justices here according to act of assembly in that Case made & Provided do assess the damages of the same plft besides his Costs and Charges by him about his suite in this part sustained to Four hundred and sixty pounds of tobo Therefore it is Considered by the Justices here the same day and year Last mentioned that the said Robert Martin Recover against the said John Anderson as well the sum of Four hundred and sixty pounds of Certain damages afd in form afd assesed as also the sum of Two hundred & Eighty (280) pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his suite in this behalfe Laid out and Expended and the deft in Mercy &c
thirtieth day of November Ann Dom One thousand seven hundred and twenty two at the Parish and County afd within the Jurisdiction of this Court was Indebted unto the said Robert four hundred and Eighteen pounds of tobacco for Levies and forbearance thereupon to the said Robert then and there due owing and unpaid as by an acco.t thereof hereunto annexed may in Court appear and being so thereof Indebted the said John in Consideration thereof afterwards to witt the day and year afd at the place afd upon himselfe did assume and to the said Robert then and there did faithfully Promise that he the said John the afd four hundred and Eighteen pounds of tobacco to the said Robert when he should be ^afterwards^ thereunto requested he would well and faithfully pay and Content Never the less the said John his promise and assumption afd in form afd made Little regarding but plotting and fraudulently Intending the said Robert in that Part Crafilly and Subtilly to deceive and defraud the afd four hundred and Eighteen pounds of tobacco to the the said Robert he hath not paid or to him for the same in any wise Contented altho' the same to doe the said John by the said Robert on the first day of December in the year afd and often afterwards at the parish and County afd with in the Jurisdiction afd he was thereunto requested but the same to him to pay or in any wise to Content hath refused and still doth refuse and deney whereupon the said Robert saith he is worse and hath damage to the value of Eight hundred thirty and six pounds of tobacco and thereupon he brings Suite &c Allen P Qre Pledges deft Jno Doe R Roe
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Volume 839, Page 75b View pdf image |
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