Volume 840, Page 235b View pdf image |
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March Court
1726 235 Whereupon the afd James Perry 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 assume upon himselfe in manner and form as the afd Jos: MccClester above against him hath Complained nor Can he say but that the afd Jos: MccClester hath Sustained Damage by occasion of the non performance of his promise and assumption afd to Nine hundred and sixty four pounds of tob.o and the same declaration in all the words before Expressly Confesseth Therefore it is COnsidered that the afd Jos: MccClester Recover against the afd James Perry as well the sum of Nine hundred and Sixty four pounds of his damages afd by him in 317 his decl.n above supposed as also the sum of three hundred & seventeen pounds of tob.o for his Costs and Charges by him about his suite in that part Expended to ye same Joseph by the Court hereof his assent adjudged and the afd Deft in mercy &c
of Somrsett to be held at Dividing Creek ye third tuesday of march then next to answer unto Joseph MaClester of a plea of Trespass upon ye Case &a & that thereof he should not fail &a And the afd Joseph MaClester by Levin Gale his attry Proceeded against the said Edward Poynter Late of Somrsett County Planter was attached to answer unto Jos: MaClester of a plea of Trespass upon ye Case &a And whereupon ye sd Jos: by Levin Gale his attry Complaines yt whereas ye sd Edward ye first day of Novem Anno Dom one thousand Seven hundred & twenty Six at Somrsett County within ye Jur of this Court was Indebted unto ye Said Jos: in Four hundred & Seventy six pd.s of Tob.o as by acc.o here unto annexed may in Court appear & being so thereof Indebted ye sd Edward in Consideration thereof ye day & year afd at ye place afd upon himselfe did assume & to ye sd Jos: then & there did faithfully Promisse yt he ye said Edward ye sd Four hundred & Seventy Six pd.s of Tob.o to ye sd Joseph when he should be thereunto requested he would well & faithfully pay & Content Nevertheless ye said Edward tho' often requested ye sd Four hundred & Seventy Six pounds of Tob.o to ye sd Jos: hath not paid but ye same to him hitherto to pay hath refused & Still doth refuse & Deny to Dam of ye sd Jos: of Nine hundred & fifty two pds of Tob.o & thereof he Brings Suite &a L Gale P Quer pledges &c J Doe Richd Roe
A Copy of ye foregoing Decl.n & acct were made & sent to be Served on ye afd Edw.d Poynter with ye Writt in ye plea afd &a (att) |
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Volume 840, Page 235b View pdf image |
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