Volume 840, Page 101b View pdf image |
march
Court
1725
101 Creek the third tuesday of march then next to answer unto Joseph MccClester of a plea of trespass upon the Case &c and that thereof he Should not fail &c And whereupon the Said Joseph by Levin Gale his attorney Complains that whereas the Said Dicklow Beak the thirtieth day of November Anno Dom One thousand seven hundred and twenty four at Somersett County afd within the Jurisdiction of this Court was Indebted unto the Said Joseph in Six hundred & fifty Eight pounds of tob.o for Levies sher fees and Publick dues ^to^ the said Joseph then and there due owing and unpaid as by accon.t thereof hereunto annexed may in Court appear and being so thereof Indebted the said Dicklow Beck in Consideration thereof afterwards to witt the same day and year afd at the place afd upon himselfe did assume and to the said Joseph then and there did faithfully promise that he the said six hundred and fifty Eight pounds of tob.o to the said Joseph when he should be afterwards thereunto requested he would well and faithfully pay and Content Nevertheless the said Dicklow Beck his promis & assumption afd in form afd made Little regarding but Plotting and fraudulently Intending the said Joseph in that part Craftilly & subtilly to Deceive and defraud y.e afd Six hundred and fifty Eight pounds of tob.o to the said Joseph he hath not paid or to him for the same in any wise Contented altho' the same to do the said Dicklow Beck by the said Joseph on the first day of August anno Dom one thousand Seven Hundred & twenty five Tobacco and thereupon he brings this Suite &c
A Copy of the foregoeing declaration and acc.o was made and Sent to be Served on the deft with the writt in the Plea afd &c Att which Said third tuesday of march to witt the fifteenth day of the Same month anno Dom One thousand Seven hundred and twenty five Being the day of the return of the Said Writt Cometh the Said Joseph MccClester by his attorney afd and the Sherr of Somersett County to whom the foregoeing writt was directed Likewise Cometh and maketh Return thereof to the Court here Endorsed in these words following viz.t Non est Inventus P Fran: Allen Sherr Whereupon the said Joseph MccClester by Levin Gale his attorney afd Prays that forasmuch as he hath Complyed with the Laws in Order to an attachment he may have Judgm.t against the Dicklow Beack for his damages afd by way of attachm.t according to act of assembly &c Whereupon for that it Seems to the Court here that the Said Joseph MccClester hath Complyed with the Law as alledged Therefore it is Considered by the Justices here the fifteenth day of march anno Dom One thousand Seven hundred and twenty five afd that the said Joseph MccClester Recover ag.t the Said Dicklow Beak as well the Sum of Six hundred and Fifty Eight pounds of tobo his damages by Occasion of the Premisses afd as all Costs and Charges by the Said plft Laid out and Expended about his suite by way of attachm.t against ye goods Chattells Rights or Creditts of ye said Dicklow Beak according 256 to act of assembly in Such Case made and provided &c |
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Volume 840, Page 101b View pdf image |
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