Volume 840, Page 116b View pdf image |
March Court
1725
116 the Case &c and that thereof he Should not faile &c And the afd Joseph MaClester by Levin Gale his attorney Proceeded against the Said James Laws in the plea afd as followeth vizt Somersett fs James Laws Late of Somersett County Planter was attached to answer unto Joseph MaClester of a plea of trespass upon the Case &c And whereupon the Same Joseph by Lev Levin Gale his attorney Complaines that Whereas ye afd James Laws the tenth day of December one thousand seven hundred & twenty five at Somersett County afd within ye Jurisdiction of this Court was Indebted to ye same Joseph In ye Sum of Seven hundred & twenty nine p.ds of tob.o as by act hereinto Court brought may appear & so thereof being Indebted ye Said James In Consideration thereof afterwards to witt ye same day & year afd at ye County afd within ye afd Jur upon himselfe assumed & to ye same Joseph MaClester then & there faithfuly promised yt he when afterwards he should be thereto required he ye afd Sum of seven hundred & twenty Nine pounds of tob.o to ye same Joseph would well & faithfully Content & pay Nevertheless ye said James his promise and assumption afd so as afd made Little Regarding & Plotting & fraudulently Intending ye Same Jos: in this part to defraud & Deceive he ye afd Sum of seven hundred & twenty Nine pounds of Tob.o or any part thereof to ye same Joseph (although he ye said James afterwards to witt ye Same day & year afd at ye County afd within ye afd Jur was by ye same Joseph thereto requested hath not paid or him for it anywise Contented but ye same James ye same hitherto to doe hath altogether refused & still doth refuse whereby ye same Joseph says he is worse & hath damage to ye value of three thousand pounds of Tob.o & thereof he brings this Suite &c L Gale P Quer pledges &c Jn.o Doe Rich.d Roe
afd ^&c^ which the said third tuesday of March to witt ye fifteenth day of ye same month anno Dom one thousand seven hundred & twenty five being ye day of ye return of ye Said Writt Cometh ye said Joseph MaClester by his attry afd & ye Sher of Somrsett County to whom ye foregoeing Writt was Directed Likewise Cometh & maketh return thereof to ye Court here Endorsed Cepi Corpus decl.n Delivered in time P Francis Allen Sher And the afd James Laws in his proper person Cometh and defendeth ye force & Ingury when ye & says yt he Cannot gainsay ye Plft his action afd so as afd against him brought nor Can he say but yt ye said Plft ought to recover his damages by occasion of ye premisses afd ot six hundred & twenty Nine pounds of tob.o & Cost of suite against him which ye Said Plft doth not gainsay ye Therefore it is Considered by ye Justices here that ye afd Jos: MaClester Recovered against ye afd James Laws as well ye sum of six hundred & twenty Nine pounds of tob.o his damages by occasion of ye premisses afd in form afd Confessed as also 276 the Sum of Two hundred and Seventy Six premisses pounds of tob.o by ye Court here adjudged unto him for his Cost & Charges by him about his suite in this Behalfe Laid out & Expended & ye afd Deft in Mercy &c
ye Sum of Six hundred & Ninety six pounds of Tob.o as by ac.t herewithin Court Produced may appear & so thereof being Indebted ye said Tobias in Consideration thereof afterwards to witt the same day & year afd at ye County afd within ye Jurisdiction of this Court upon himselfe assumed & to (the) |
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Volume 840, Page 116b View pdf image |
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