Volume 840, Page 243b View pdf image |
March Court
1726
243 assess the damages of the Same Joseph besides his Costs and Charges by him about his Suit in that part Expended to five hundred and seventy one pounds of tobacco Therefore it is Considered yt ye said Jos: MaClester recover against ye afd James Russell as well the sum of five hundred & seventy one pds of Tob.o his Damages afd by the Justices afd in form afd assessed as also the Sum of 284 Two hundred & Eighty four pounds of Tob.o for his Costs & Charges by him about his Suite in yt part Expended to ye same Jos: by ye Court here of his assent adjudged and the afd Deft in Mercy &c
held at Dividing Creek ye third tuesday of march then next to answer unto Theodorus Bere of a plea of Trespass upon the Case &c & that thereof he should not fail &a And ye afd Theodorus Bere by Levin Gale his attry Declared ag.t the afd John Purnall Jun.r in ye plea afd as followeth vizt Somrsett fs Jn.o Purnall Junr Late of Synapuck in Somrsett County Planter was attached to answer unto Theods Bere of a plea of Trespass upon ye Case &a And whereupon ye same Theod.s Bere by Levin Gale his attry Complaines yt whereas the afd Jn.o Purnall ye tenth day of august one thousand Seven hundred & twenty Six at Somrsett County afd within the Jur of this Court was Indebted to ye same Theodorus Bere in ye Sum of Nine Hundred & fifty two pd.s of Tob.o for Divers goods wares & Merchandices to him at his Especiall Instance & request before yt time by the said Theod.s before yt time sold & Delivered as by acc.t herewith Court produced may appear & so thereof being Indebted ye said Jn.o Purnall in Consideration thereof afterwards to witt ye same day & year afd at the County afd & within ye afd Jur upon himselfe assumed & to ye same Theod.s then & there faithfully promissed that he when afterwards he should be thereunto requested he ye afd sum of Nine hundred & fifty two pd.s of Tob.o to ye same Theod.s woud well & faithfully Content & pay Nevertheless the same Jn.o his promisse & assumption afd in forme afd made Little regarding & plotting & fraudulently Intending him ye sd Theod.s in yt part Craftilly & Subtilly to Defraud & Deceive he ye said Jn.o ye afd Nine hundred & fifty two pounds of Tob.o or any part thereof to the same Theod.s hath not p.d or him for it in anywise Contented altho' ye said Jn.o ye same to doe afterwards to witt ye same day & year afd at ye County afd & within ye afd Jur by ye sd Theod.s was thereto requested but ye same Jn.o ye same hitherto to doe hath altogether refused & still doth refuse to the Damage of the same Theod.s two thousand pounds of Tob.o & thereof he Brings this suite &a L Gale P Quer pledges &.a Jno Doe R Roe
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Volume 840, Page 243b View pdf image |
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