Volume 840, Page 230b View pdf image |
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March Court
1726 230 thereupon or render his Body to the ^Custody of the^ Sherr of Somersett County in satisfaction thereof or that he the said John Caldwell will do it for him &c Whereupon the afd Peter Freney in his own proper person Comes and Defends the force and Injury when &c and saith that he Cannot gainsay the action afd nor but that he did upon himselfe assume in manner of and form as the afd Joseph MccClester above against him supposed neither Can he Say but that the afd Joseph hath sustained damage by occasion of the Nonperformance of his promise and assumption afd to Eight hundred and twenty Eight pounds of tobo and the same declaration before in all the words Expressly Confesseth &c Therefore it is Considered by the Court here that the afd Joseph MccClester Recover against the afd Peter Freany as well the sum of Eight hundred and twenty Eight pounds of tobo his damages afd by him in his declaration aforesaid above supposed as also the sum of three 313 hundred & thirteen pounds of tobo for his Costs and Charges by him about his suite in that part Expended to the same Joseph by the Court here of his assent adjudged and ye afd deft in mercy &c
to answer unto Joseph MaClester of a plea of Trespass upon the Case &a & that thereof he should not fail &c And the afd Joseph MaClester by Levin Gale his attry proceeded against the afd Goyles Bashaw in the plea afd as followeth vizt Somrsett fs Giles Bashaw Late of Somrsett County Planter was attached to answer unto Joseph MaClester of a plea of Trespass upon the Case &a And whereupon the said Joseph by Levin Gale his attry Complaines yt whereas ye sd Giles the first day of Novem.r Anno Dom one thousand Seven hundred & twenty six at Somrsett County within the Jur of this Court was Indebted unto the said Joseph in Six hundred and two pounds of Tob.o as by acc.t here unto annexed may in Court appear & being so thereof Indebted the sd Giles in Consideration thereof the day & year afd at ye place afd upon himselfe did assume & to the said Joseph then & there did faithfully promisse that he ye said Giles ye said Six hundred & two pd.s of Tob.o to the said Joseph when he Should be there unto requested he would well & faithfully pay & Content Nevertheless the said Giles tho' often requested ye said Six hundred & two pd.s of Tobo to ye sd Jos: hath not paid but the same to him hitherto to pay hath refused & Still Doth refuse & Deny to the Damage of ye sd Jos: of one thousand two hundred & four pd.s of & Tob.o & thereof he Brings suite &c L Gale P Quer pledges &a J Doe R Roe
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Volume 840, Page 230b View pdf image |
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