Volume 840, Page 136b View pdf image |
June Court
1726
17
136 to the Same Joseph would well and faithfully Content and pay Nevertheless the Said Thomas his his promise and assumption afd in form afd mad not Regarding but Plotting and fraudulently Intending the Same Joseph in that Part to defraud and deceive the afd Thomas the said sum of six hundred and two pounds of tobacco or any Part thereof hitherto to the Same Joseph altho' often by the same Joseph altho' often by the same Joseph thereto Required afterwards vizt upon the afd tenth day of December in the Year afd at Somersett County afd within the Jurisdiction afd hath hath not paid or the Same Joseph for it in anywise Contented but the Said Thomas the Same hitherto to pay or the Same Joseph for it in anywise to Content hath altogether Refused and Still doth Refuse whereby the same Joseph says he is worse and hath damage to the value of twelve hundred and two pounds of tobo and thereof he brings suite &c L Gale P Quer Pledges &c Jn.o Doe R Roe
Whereupon the said Thomas Goddard in his Own proper person appears and thereupon the said Thomas Goddard at the Prayer of the Plft attorney ^afd^ is adjudged to give Speciall Bail to the action afd but for want thereof the Said Thomas Goddard is Committed into the Custody of the Sherr of Somrsett County there to Remain untill &c the said Sherr Present herein Court took Charge of the said Thomas Goddart accordingly &c And afterwards in the Same Court Came a Certain John Caldwell and Alexander Adams of Somersett County Gent.m and undertakes for the Said Thomas Goddard that in Case the Said Joseph MaClester shall Recover Judgm.t in the Plea afd against the said Thomas Goddard or that the Said Thomas Goddard shall be therein Convict that then he the Said Thomas Goddard Shall pay the Condemnation of the Court thereupon or Render his body to the Custody of the Sherr of Somersett County in Satisfaction thereof or that they the same John Caldwell and Alexander Adams will do it for him &c thereupon the said Thomas Goddard is discharged from out of Custody afd &c Whereupon the afd Thomas Goddard in his own proper person Comes and defends 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 Nonperformance of the promise and assumption afd to Six hundred and two pounds of tobo and Costs of suite against him which ye said Plft doth not gainsay &c Therefore it is Considered by the Justices here the twenty first day of June anno Dom one thousand Seven hundred and twenty six that the afd Joseph MaClester Recover ag.t the afd Tho.s Goddard as well the Sum of six hundred and two pounds of tobo his damages afd in form afd Confesed as also the sum of three hundred and fifteen 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 with stay of Ex.n till ye tenth of Novem Next and ye afd deft in Mercy &c |
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Volume 840, Page 136b View pdf image |
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