Volume 840, Page 104b View pdf image |
March
Court 1725
104 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 five hundred pounds of tob.o and Costs of Suite against him which the Said plft doth not gainsay &c Therefore it is Considered by the Justices here the fifteenth day of march anno Dom One thousand seven hundred and twenty five that the afd Allexander Hall recover against the afd William Whittington as well the Sum of five hundred pounds of tobo his damages afd in form afd 231 Confessed as also the Sum of Two hundred & thirty one pounds of tobo 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 afd deft in mercy &c
of trespass upon the Case &c and that thereof he Should not fail &c And whereupon the same Capell by Levin Gale his attorney Complains that whereas the afd John Robinson & George Thompson ye tenth day of Novem Anno Dom one thousand Seven hundred & twenty five at Somersett County within the Jur of this Court was Indebted to the afd Capell King in the sum of twenty pounds Sterling for the Like Sum at the Especial Instance & request of y.e s.d John & George before that time for their use to Sundry persons Lent & paid as by Acc.o here within Court produced may Appear & so thereof being Indebted the same John Roberson & George Thompson in Consideration thereof afterwards to wit the same day & year afd at the County afd within the afd Jur in Consideration thereof upon themselves assumed & to the said Capell then & there faithfully promised that they when afterwards they Should be thereto requested the afd Sum of twenty pounds Sterling to the said Capell they would well and faithfully Content & pay Nevertheless the afd Jn.o & George their promiss & assumption afd in form afd not regarding but plotting & fraudulently Intending the afd Capell in that part Craftily & Subtilly to defraud & deceive they the afd Sum of twenty pounds Sterling or any part thereof to the afd Capell (altho' afterwards thereto requested viz.t the same day & year afd at y.e County afd within y.e afd Jur) have not paid or the said Capell for it in any wise Contented but they the said Jn.o & Geo: the same hetherto to the s.d Capell to pay or him for it in any wise to Content hath altogether refused & Still doth refuse whereby y.e s.d Capell says he is wers & hath dam to the value of forty pound Sterl & thereof he brings this Suite &c Att which Said third tuesday of March to witt 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 Capell King 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 Nonest Inventus P Fran: Allen Sherr Whereupon the Said (Capell) |
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Volume 840, Page 104b View pdf image |
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