Volume 840, Page 156b View pdf image |
June Court
1726
156 And the afd Merrick Ellis Exr as as by George Dashiell his attorney Cometh and defendeth the force and Injury when &.c and prayeth Leave to Imparle hereunto untill the Next Court and he hath it and the Same day is given to the afd Plft also Att which Said Next Court to witt the twenty first day of June ann.o Dom one thousand Seven hundred and twenty five Came again as well the afd Plft as the afd deft by their attorneys afd and the Same Deft Says that he Cannot gainsay the action afd against him brought nor Can he Say but that the afd John did assume and faithfully promise in his Life time in Manner and form as the Plft afd against him hath Complained 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 Eight pounds Curr.t money and Costs of Suite which y.e said Plft Doth not gainsay Therefore it is Considered by the Justices here the Same day and year Last mentioned that the afd Alexd Wordie Recover against the afd Merrick Ellis Exr of the Same Jno Bannister as well the Sum of Eight pounds Curr.t mony his Damages afd in form afd Confessed as also the Sum of 295 two hundred fifty Eight pounds of tob.o for his Costs and Charges by him about his Suite in that Part Expended ^to^ the Same Plft by the Court hereof his assent adjudged to be Levied of the goods and Chattells which were of the afd John Bannister at the time of his death in the hands of the Same Merrick to be administred if so much thereof in his hands he hath &c and if so much in his hands he hath not than the Costs afd to be Levied of the Proper goods and Chattells of the afd Merrick Ellis and the afd deft in Mercy
hundred and twenty five at Somersett County afd within the Jurisdiction of this Court was Indebted to the Same Joseph in the Sum of Nine hundred and Six pounds of tob.o as by acco.t herewith in Court produced may appear and so thereof being Indebted the said William in Consideration thereof afterwards to witt the Same day and Year afd at the County afd within the afd Jurisdiction upon himselfe assumed & to the Same Joseph then and there faithfully promised that he when afterwards he Should be thereto Requested he the afd Sum of Nine hundred and Six pounds of tob.o to the Same Joseph would well & faithfully Content and pay Nevertheless the Same William his promise and assumption afd in form afd made Little regarding and plotting and fraudulently Intending the afd Joseph in that Part Craftilly and Subtilly to deceive and defraud he the afd Sum of Nine hundred and Six pounds ^of tobo^ or any part thereof to the Same Joseph altho' afterwards to witt the Same day and year afd at the County afd within y.e afd Jurisdiction was thereto requested hath not paid or him for it in any wise Contented but the Same William the Same hitherto to do hath altogether refused and Still doth ^Refuse^ to the Damage of the Same Joseph Eighteen hundred and twelve pounds of tobo and thereof he brings this Suite &c L Gale P Quer Pledges &c Jno Doe R Roe |
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Volume 840, Page 156b View pdf image |
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