Volume 840, Page 107b View pdf image |
March Court
1725 107 of thirteen hundred and Eleven Pounds of tobo her damages afd by the Justices afd in form afd 257 assessed as also the Sum of Two hundred and fifty seven Pounds of tobo by the Court here adjudged ^unto her^ for her Costs and Charges by her about her suite in this behalfe Laid out and Expended and the afd deft in Mercy &c
whereas the Said Arthur Warwick the twentieth day of march one thousand Seven hundred and Seventeen at the County afd within the Jurisdiction of this Court was Indebted unto the Same Benj.a Wailes in the Sum of four hundred & Ninety pounds of tob.o as by his Certain Note thereinto Court ^bought^ may appear and so thereof being Indebted the said Arthur in Consideration thereof afterwards to witt the Same day & year afd at the County afd within the afd Jur upon himselfe assume & to the same Benj.a then & there faithfully promised that he when afterwards he Should be thereto required he y.e afd sum of four Hundred & Ninety pounds of tob.o to the same Benjamin would well and faithfully Content & pay Nevertheless the said Arthur his promis & assumption afd in form afd made not regarding but plotting & fraudulently Intending the same Benj.a in that part to Defraud & deceive the ^said^ Arthur the said Sum of four hund & Ninety pounds of tob.o or any part thereof to the Same Benj.a altho often by the same Benj.a thereto required afterwards viz.t upon the thirteenth day of march in ^the^ Year afd att Somersett County afd within the Jur afd hath not paid or the Same Benj.a for it in any wise Contented but the said Arthur hitherto to pay or the same Benj.a for it in any way to Content hath Damage to the value of One thousand pounds of Tob.o & thereof he brings this Suite &c Levin Gale P Que Pledgs &c Jno Doe R Roe And the Said Arthur Warwick in his Own Proper person Cometh and defendeth 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 four hundred and Ninty pounds of tobo 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 Benjamin Wailes Recover against the afd Arthur Warwick as well the Sum of four hundred and Ninty pounds of tobo his damages by Occasion of the premisses afd in form afd Confessed as also the Sum of two 244 hundred and forty four pounds of tob.o by the Court here adjudged unto him for his Costs and Charges by him about his Suite in this Behalfe Laid Out and Expended & ye Deft In Mercy &c
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Volume 840, Page 107b View pdf image |
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