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Somerset County Judicial Records, 1725-1727
Volume 840, Page 163b   View pdf image
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    August Court       1726         163

four hundred and fifty seven pounds of tobacco to the Same Joseph would well and faithfully
Content and pay Nevertheless the Said Francis his promise and assumption afd made Little regarding
and plotting and fraudulently Intending the Same Joseph in that part Craftilly and Subtilly
to defraud and deceive he the Said Sum of Four hundred and fifty seven pounds of tobacco or any
part thereof to the Same Joseph altho' the afd Francis afterwards to witt the same day and
Year afd last mentioned and often afterwards at Somersett County afd within the Jurisdiction afd
by the Same Joseph was requested hath not paid or him for it in anywise Contented but he the
Said Francis the Same hitherto to do hath altogether refused and still doth refuse whereby the
Same Joseph says he is worse and hath damage to the value of three thousand pounds of tobo
and thereof he brings this Suite &c    L Gale ^Pse^ pledgs &.c    Jno Doe    R Roe

1722

 
1723
 
1724
     Francis Timmons
To 1 Levy at
To amrm.t at suite Dashiell
To 1 Levy              at
To Execution Fees al.s Frettwell
To 1 Levy at      89
To Interest at 8 PCt
  Dr
121
  30
140
  10
  89
  67 
457
 P Contra
Ball Due


    Errors Excepted P Joseph MccClester
 Cr
457
And the Said Francis Timmons in his Own proper person Comes and defends the force and
Injury when &.c and Says that he Cannot gainsay but that he did promise and upon himselfe
assume in manner and form as the afd Joseph by declareing afd above Supposed nor Can he Say
but that the Said Joseph Ought to recover his damages by Occasion of the Nonperformance of the
promise and assumption afd to four hundred and Fifty Seven pounds of tobo and Costs of Suite
against him which the Said plft doth not gainsay &c

                   Therefore it is Considered by the Justices here the Sixteenth day of august ann.o
Dom One thousand Seven hundred and twenty Six afd that the afd Joseph MccClester Recover against
the afd Francis Timmons as well the Sum of four hundred and Fifty Seven pounds of tobo his
(290)   damages afd in form afd Confesed as also the Sum of Two hundred and Ninety
pounds of tob.o for his Costs and Charges by him about his Suite in that part Expended to the Same Jos
by the Court hereof his assent adjudged and the afd deft in Mercy &.c and whereupon the afd Plft
freely here in Court remitteth to the afd Francis Timmons three hundred and Sixty four pounds
of tob.o Out of the Damages afd &.c therefore the Same deft of the Same three hundred and sixty
four pounds of tob.o be acquitt &c


John Harper
        ag.t
Catherine Dial
     This being an action of trespass upon the Case &.c wherein the Sherr of somersett
County to whom the writt in the Same action was directed makes return thereof
Endorsed viz.t Cepi Corpus P Francis Allen Sherr    whereupon the said Catherine
                                                                                                                                              Diall


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 163b   View pdf image
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