Volume 840, Page 116 View pdf image |
March Court
1725
116 Nevertheless the said Finch his promis & assumption afd in form afd made not regarding but Plotting & fraudulently Intending the same Jos: in that part to Defraud & deceive the said Finch the said Sum of four hundred & twenty pounds of tob.o or any part thereof to the same Joseph (altho' often by the same Joseph thereto required afterwards (vizt) upon the tenth day of Decem in the year afd at Somrsett County afd within the Jur afd hath not paid or the same Joseph for it in anywise Contented but the said Finch the same hitherto to pay or the same Joseph for it any way to Content hath altogether refused and Still doth refuse whereby the same Joseph says he is worse & hath damage to the value of one thousand p.ds of tob.o & thereof he brings this suite &c L Gale P Quer pledges &c Jno Doe Rich.d Roe
A Copy of the foregoing decl & acc.t was made & sent to be served on the Deft with the writt in the plea afd at which said third tuesday of March to witt the fifteenth day of the same month ann Dom one thousand seven hundred & twenty five being y.e day of the return of the said writt Cometh the said Jos: MccClester by his attry afd & ye sherr of Somrsett County to whom the foregoing Writt was Directed Likewise Cometh & maketh return ^there^ of ^to^ the Court here Endorsed Cepi Corpus decl Delivered in time P Francis Allen Sherr And the afd Finch Jones in his 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 premises afd to four hundred and twenty pounds of tob.o and Cost of Suite against him which the said plft doth not gainsay &c Therefore it is Considered by the Justices here that the afd Joseph MccClester Recover against the afd Finch Jones as well the Sum of four hundred and twenty pounds of tobo on his damages by Occasion of the premises afd in form afd Confessed 276 as also the Sum of Two hundred and Seventy Six 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 ye afd Deft in mercy &c
third tuesday of March then Next to answer unto Joseph McClester of a plea of trespass upon (the) |
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Volume 840, Page 116 View pdf image |
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