Volume 840, Page 108b View pdf image |
March Court
1725
108 Sound Merchantable tob.o & Casque to be paid the same Benja when afterwards the afd Tho.s should be thereto required Nevertheless the afd Tho.s although often hereto required the afd Sum of one thousand five hundred Seventy Eight pounds of tob.o & Casque as afd or any part thereof to the same Benja hath not renderd but y.e s.d Thomas the Same to the said Benj.a hitherto to render hath altogether denyed & Still doth deny whereby the same Benj.a says he is wors & hath damage to the value of two thousand pounds of tob.o & thereof he brings this Suite &c & the same Benj.a brings hereinto Court the writing obligatory &c L Gale p Quer pledges Jn Doe R Roe And the afd Thomas Baker in his proper person Cometh and defendeth the force and Injury when &c and says that he Cannot gainsay the plft his action afd against him brought nor Can he say but that the writing Obligatory afd is his act and deed and that the debt therein Mentioned is Yett due and unsatisfyed wherefore the Said Plft prays Judgm.t for his debt afd and his Costs and damages sustained by occasion of the detaining of the Same debt to him to adjudged &c Therefore it is Considered by the Justices here the fifteenth day of the March anno Dom One thousand seven hundred and twenty five that the afd Benjamin Wailes Recover against the afd Thomas Baker as well the Sum of One thousand five hundred and Seventy Eight pounds of tobo his debt afd as also the Sum of Two hundred and Sixty 264 four pounds of tobacco for his Costs and damages sustained by Occasion of the detaining of the Same debt to the Same Benjamin Wailes of his assent by the Court here adjudged and ye afd deft in mercy Memorand.m the Plft releaseth out of the debt afd the Sum of Eleven hundred and seven Pounds of tobo &c
And whereupon the same Benj.a by Levin Gale his attorney saith that whereas y.e afd John the thirtieth day of May Seventeen hundred & Sixteen by his Certain Writing obligatory granted himselfe to be to be held & firmly bound unto the same Benj.a in the full & Just ^Quantity^ Sum of one thousand nine hundred & Ninty Six pounds of tob.o to be paid the Same Benj.a when afterwards the said John Should be thereto required yett the afd John Tayler tho often thereto required the afd Sum of one thousand nine hundred Ninty Six pounds of tob.o or any part thereof to the Same Benj.a hath not renderd by the Same John Tayler the same hitherto to the Same Benjamin to render hath altogether denyed & Still doth deny whereby the same Benj.a Says he is wors and hath dam to the value of three thousand pounds of tob.o & thereof he brings this Suite &c and the Same Benj.a brings thereinto Court ^the^ Writing Obligatory afd &c L: G: P Quer pledges Jno Doe Richd Roe And the Said Jno Taylor Comes and defends the force and Injury when &c and Says that he cannot gainsay the Plft his action afd against him brought nor but that the writing Obligatory afd is his act and deed and that the debt therein Mentioned is yett due and unsatisfied wherefore the Said plft prays Judgm.t for his debt afd and his Costs and Damages Sustained by Occasion of the detaining of the same debt to him to be adjudged &c Therefore it is Considered by the Justices here the |
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Volume 840, Page 108b View pdf image |
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