Volume 840, Page 237 View pdf image |
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March
Court 1726 237 MaClester hath sustained Damage by occasion of ye non performance of her Promise & assumption afd to Four hundred & Eighty Eight pd.s of Tob.o & the same Declaration in all the words before Expressly Confesseth Therefore it is Considered yt ye afd Joseph MaClester recover against ye afd Mary Godwin as well ye sum of Four hundred & Eighty Eight pd.s of Tob.o his Damages afd by him about in his Decl.n above supposed as also ye 313 Sum of three hundred and thirteen pounds of Tob.o for his Costs & Charges by him about his suite in yt part Expended to ye same Joseph by the Court hereof his assent adjudged & the afd Deft in Mercy &c
Creek ye third tuesday of March then next to answer unto Jos: MccClester of a plea of trespass upon the Case &c and y.t thereof he should not fail &.c & the afd Jos: MccClester by Levin Gale his attorney proceeded against ye said W.m Porter in the plea afd as followeth vizt Somersett fs: W.m Porter late of Somersett County planter was attached to answer unto Joseph MccClester of a plea of trespass upon the Case &c And whereupon the said Jos: by Levin Gale his attorney Complaines y.t whereas ye said W.m the first day of Novem Anno Dom one thousand seven hundred and twenty six at Somersett Coty afd within the Jur of this Court was Indebted unto ye sd Jos: in one thousand one hundred & fifty three pd.s of tob.o as by acc.o hereunto annexed may appear & being so thereof Indebted the said W.m in Consideration thereof the day & year afd at ye place afd upon himselfe did assume and to the said Jos: then and there did faithfully promise y.t he ye sd W.m ye said one thousand one hundred & fifty three pd.s of tobo to ye sd Jos: when he should be thereunto Requested he would well and faithfully pay and Content & Altho' ye sd W.m twenty pd.s of tob.o percell of ye sd Debt to ye sd Jos: he hath paid & satisfied yet as to ye Residue thereof being one thousand one hundred and thirty three pd.s of tobo ye sd W.m his promise & assumption afd in forme afd made nothing Regarding but plotting & fraudulently Intending ye sd Jos: in y.t part Craftilly & Subtilly to deceive & defraud ye sd one thousand one hundred & thirty ^three^ pds of tob.o to ye sd Jos: hath not paid altho' ye same to do ye sd W.m was often thereunto Requested but ye same to him hitherto to pay hath Refused & still doth Refuse & deny to ye Damage of ye sd Jos: of two thousand two hundred & sixty six pd.s of tob.o & thereupon he Brings suite &c L Gale P Quer pledges &.c J Doe R Roe |
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Volume 840, Page 237 View pdf image |
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