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Somerset County Judicial Records, 1725-1727
Volume 840, Page 157b   View pdf image
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             June Court        1726                 157

in Court Produced may appear and so thereof being Indebted the Same Thomas in Consideration thereof
afterwards to witt the Same day and year afd at the County afd within the afd Jurisdiction upon himselfe
assumed and to the Same Joseph then and there faithfully promised that he when afterwards he Should
Should be thereto Requested he the afd Sum of Nine hundred and Seventy Eight pounds of tobo to
the Same Joseph he would well and faithfully Content and pay Nevertheless the Said Thomas his promise
and assemption afd in form afd made not Regarding but Plotting and fraudulently Intending the
afd Joseph in that Part to defraud and deceive he the afd Sum of Nine hundred and Seventy Eight
pounds of tob.o or any part thereof to the Same Joseph altho' afterwards to witt the Same day &
year afd at the County afd within the afd Jurisdiction he was thereto Requested he hath not paid or
the Same Joseph for it in any wise Contented but the Same to do hitherto hath altogether Refused
and Still doth Refused to the Damage of the Same Joseph Ninteen hundred and fifty Six pds
of tobo and thereof he brings this Suite &.c      L Gale P Quer &c Pledges Jno Doe Richd Roe

1722

1723
1724
                       Thomas Browne
To 1 Levie @ 121
To 1 Levie @ 140
To 1 Levie @ 89
To M.r Hayward Cl
To M.r Francis Allen
To Cap.s and Copy against John Newbold
To Sumons Edward Peacock Wm Calvert & Tho.s Barston
ag.t John Newbold
To Interest
                 Saving Errors P me     Jos: MccClester
      Dr
121
140
  89
107 
300 
  41 
 
  90 
  90
978 

       Whereupon the afd Thomas Brown in his Own proper person appears and thereupon y.e
Said Thomas Brown at the prayer of the plfts attorney afd is adjudged to give Speciall bail to the
action afd   Whereupon a Certain William Whittington of Somersett County Gent Present here in Court
undertakes for the Said Thomas Brown that if in Case the Said Joseph MccClester Shall Recover
Judgm.t in the plea afd against the Said Thomas Brown or that the Said Thomas Brown Shall be
therein Convict that then he the Said Thomas Brown 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 he the Said William Whittington will do it for him

             And whereupon the Said Thomas Brown in his Own proper person Cometh and defendeth
the force and Injury when &.c and Sayeth that he Cannot gainsay but that he did assume upon himselfe
in manner and form as afd Plft above against him hath Complained nor ^Can he Say^ but that the afd
plft Ought to recover his damages by Occasion of the Non performance of the promise and assumption
afd to Nine hundred and Seventy Eight pounds of tobo and Costs of Suite against him which
the Said Plft doth not gainsay

             Therefore it is Considered by the Justices here that the afd Joseph MccClester Recover



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Somerset County Judicial Records, 1725-1727
Volume 840, Page 157b   View pdf image
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