Volume 840, Page 238 View pdf image |
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March Court
1726 238
to be held at Dividing ^Creek^ the third tuesday of March then next to answer unto Joseph MaClester of a plea of Trespass upon the Case &c & that thereof he should not fail &c and the afd Joseph MaClester by Levin Gale his attry Proceeded against the said Nathaniel Whale in the plea afd as Followeth vizt Somrsett fs Nathaniel Whale Late of Somrsett County Planter was attached to answer unto Jos: MaClester of a plea of Trespass upon the Case &c And whereupon the said Jos: by Levin Gale his attry Complaines yt whereas ye sd Nath.ll the first Day of Novem anno Dom one thousand seven hundred & twenty six at Somrsett County within the Jur of this Court was Indebted unto ye sd Jos: in one thousand & twenty two pounds of Tob.o as by acc.t hereunto annexed may in Court appear & being so thereof Indebted ye said Nathaniel in Consideration thereof the day & year afd at ye place afd upon himselfe did assume and to ye Said Jos: then & there did faithfully promise yt he the said Nathaniel ye Said one thousand & twenty two pd.s of Tob.o to ye said Joseph when he should be thereunto requested he would well & faithfully pay & Content Nevertheless ye said Nathaniel tho' often requested ye said one thousand & twenty two pd.s of Tob.o to the said Joseph hath not paid by ye Same to him hitherto to pay hath refused & still doth refuse & deny to ye damage of ye sd Jos: of two thousand & forty four pd.s of Tob.o & thereof he brings Suite &c L Gale P Quer pledges &.c Jno Doe Rich.d Roe
Nath.ll Whale with ye writt in ye plea afd &c Att which said third tuesday of march to witt ye twenty first day of the Same Month anno Dom one thousand Seven hundred & twenty Six being the day of the return of the said Writt Cometh ye afd Jos: MaClester by his attry afd & the Sherr of Somrsett County to whome the foregoing writt was Directed Likewise Cometh & Maketh return thereof to the Court here Endorsed in these words Following vizt Cepi Corpus Decl.n Delivered in time p me Fran Allen Sher And the afd Nathaniel Whale by George Dashiell his attorney Cometh and defendeth the force and Injury when &.c and says that he Cannot gainsay the action afd nor but that he did upon himselfe assume in manner and form as the afd Joseph above against him Complained neither Can he say but that the afd Jos: hath sustained damages by occasion of the non performance |
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Volume 840, Page 238 View pdf image |
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