Volume 840, Page 195 View pdf image |
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Novem Court 1726
195 that a Certain Benjamin Sharpe late of Somersett County was Indebted unto the same Thomas in the Sum of twelve hundred pounds of tobacco for which Sum the Same Thomas did Intend to Sue and Implead the Same Benjamin for the said Sum of twelve hundred pounds of tobacco on the Eighth day of February anno Dom One thousand Seven hundred and twenty five six at annamessex in Coventry parish within the Jurisdiction of this Court the said Richard did upon himselfe assume and promise that the afd twelve hundred pounds of tobacco he would well and truly Content and pay when thereto Requested, Nevertheless the same Richard his promise and assumption afd in form afd made Little regarding but Intending him the Same Thomas to defraud and Deceive the afd Sum of twelve hundred pounds of tobacco unto the Same Thomas tho' often thereto requested he hath not paid but the Same to pay hath denyed and Still doth deny to the Damage of the said Thomas of two thousand four hundred pounds of tobacco and thereof he bringeth suite Dashiell P Quer pledges Jn.o Doe Rich.d Roe And the said Richard Waters by Levin Gale his attorney Cometh and defendeth the force and Injury when &.c and prays Leave to Imparle hereunto untill the next Court and he hath it and the Same day is given to the afd plantiffe here also Att which said next Court to witt the twenty first day of June Ann.o Dom one thousand seven hundred and twenty Six Came againe as well the afd Thomas Bannister as the afd Richard Waters by their attorneys afd and the said Richard by his Said attorney prays further 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 Sixteenth day of August Anno Dom One thousand seven hundred and twenty six Came again as well the afd Thomas as the afd Richard by their attorneys afd and thereupon the Said Richard by his said attorney as before Defends the force and Injury when &.c And prays Judgm.t of the declaration afd becaus he says that the declaration afd and the matter in the Same Contained are not Sufficient in the Law the action afd of the afd Thomas against him the said Richard to have and maintaine and that the said Richard to that declaration hath noe need nor by y.e law of the land is bound in anyway to answer and this he is ready to veryfie wherefore for want of a sufficient Declaration in that part the said Richard prays Judgm.t and that the declaration may be quashed &.c And for Causes of Demurer in law upon the declaration afd &c the said Richard to the Court here shews these Causes following vizt that |
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Volume 840, Page 195 View pdf image |
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