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Somerset County Judicial Records, 1725-1727
Volume 840, Page 198b   View pdf image
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                  Novem Court        1726                 198

GD  Thomas Hugg
                 @
LG  James Smith
 Somersett fs    James Smith Late of Somersett County planter was attached to
answer unto Thomas Hugg of a plea of trespass upon the Case &c
And whereupon the same Thomas Hugg by George Dashiell his attorney Complains
that the afd James in the year of Our Lord One thousand seven hundred and twenty four at Stepney
Parish with in the Jurisdiction of this Court was Indebted unto the Same Thomas the Sum of Six
hundred pounds of tobacco and One Young Cow and Calfe of five Years Old not to Exceed six years
old it being for a horse which the Said Thomas at the Especiall Instance and request of the said James
Sold and Delivered and the said James being Indebted as afd for and in consideration afd at the
time and place afd did upon himselfe assume and to the said Thomas then and there did faithfully
promise that the afd six hundred pounds of tobacco and One Young Cow and Calfe of Five Years
Old not to Exceed Six years Old he would well and truly pay when thereto requested and altho' Six
hundred pounds of tobacco part of the Debt afd the said James hath paid and Contented Yett as to
the Residue being One Young Cow and Calfe of five years Old not to Exceed Six Years Old
According to his promise and assumption afd altho' often thereto requested unto the said Thomas
he hath not paid nor in any wise Contented but the Same to pay hath refused and Still doth refuse
to ye Damage of the said Thomas of twelve hundred pounds of tobacco and thereof he brings
suite      Dashiell P Qur Pledges         Jno Doe      R Roe

    And the afd James Smith 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 Plft here also

             Att which said next Court to witt the Sixteenth day of august ann.o Dom One thousand
seven hundred and twenty Six Came again as well the afd Thomas as the af James by their
attorneys afd and the said James 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 ^here^ also

       Att which said next Court to witt the fifteenth day of Novem Ann.o Dom One thousand seven
hundred and Twenty Six Came again as well the afd Plft as the afd Deft by their attorneys
afd and thereupon the said Deft by his said attorney as before Defends the force and Injury
when &a   And says he did not assume upon himselfe in manner and form as the plft against
him above hath Complained and of this he putts himselfe upon the Country &a   and the plft
in like manner                                                            Whereupon the afd James Relinquisheth
his verification afd by him above alledged and says that he Cannot gainsay but that he did promise
and upon himselfe assume in manner and form as the afd Thomas by declaring afd above supposed

    wherefore the afd Thomas his damages by occasion of the Non performance of the promise and
                                                                                                                                     assumption


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 198b   View pdf image
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