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Somerset County Judicial Records, 1725-1727
Volume 840, Page 115   View pdf image
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       March Court                               1725             115

of Somersett County to whom the foregoing writt was directed Likewise Cometh &
maketh return thereof to the Court here Endorsed in these words following vizt
                                                                   Cepi Corpus decl delivered in time p Fran Allen sher

And the Said Joy Hobbs by George Dashiell his attorney Cometh and defendeth the force &
Injury when &c and the Same attorney Says that he is not Informed by the Same Joy
Hobbs his Clyant of any answer for the Same Richard Joy Hobbs to the afd Joseph
MccClester in the Plea afd to be given and Nother Els thereof Says by which the Same Joseph
MccClester remains against the afd Joy Hobbs thereof undefended &c

         Wherefore the Said Joseph MccClester his Damages by Occasion of the Non Performance
of the Promise and assumption afd against the Said Joy Hobbs Ought to recover but becaus
it is not Know what Damages the Said Joseph Macclester hath Sustained by Occasion of
the Non Performance of the promise and assumption afd the Justices at the prayer
of the afd Joseph MccClester and by the Consent of the afd Joy Hobbs ^according to act of assembly in Such Case made and provided^ do assess the damages
of the Said Joseph MccClester besides his Costs and Charges in this behalfe Expended to to
fourteen hundred and Eight pounds of tobo

             Therefore it is Considered by the Justices here that the afd Joseph MccClester Recover
against the afd Joy Hobbs as well the Sum of fourteen hundred and Eight pounds of tobo
his damages by Occasion of the premisses afd in form afd assessed as also the Sum of four
491 hundred & Ninety 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 &c and the afd deft
in mercy &c


LG  The Same
             @
Sam.ll Wheler
 Somersett fs  Samuel Wheler Late of Somersett County Planter was attached
to answer unto Joseph MccClester of a plea of trespass upon the Case &c
And whereupon the same Joseph by Levin Gale his attorney Complains
that whereas the afd Sam.ll the tenth day of Decem one thousand Seven
hundred & twenty five at the County afd within the Jurisdiction of this Court was
Indebted to the same Joseph in the sum of five hundred & thirty Eight pounds of tob.o
as by acc.t here within Court produced may appear & so thereof being Indebted the Said
Sam.ll Wheler in Consideration thereof afterwards to Witt the same day & year afd at the County
afd within the Jur afd upon himselfe assumed & to the said Jos: then & there faithfully
promised that he when afterwards he Should be thereto requested he the afd Sum of five
hundred & thirty Eight pounds of tobo to the same Jos: woud well & faithfully Content & pay
Nevertheless the s.d Sam.ll his promis & assumption afd in form afd made not regarding
but Plotting & fraudulently Intending the Same Jos: in that part to defraud & deceive
he the afd Sum of five hundred & thirty Eight pounds of tob.o or any part thereof ^to ye sd^ the Joseph
(altho often requested afterwards vizt the Same day & Year afd at the County afd within ye afd
                                                                                                                                     Jur)


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 115   View pdf image
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