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June Court
1728
103 and Subtilly to defraud and Deveive the afd Sum of Sixteen hundred & Ninety Six pounds of tobacco and Sixteen hundred and Sixty one pence or any part thereof to the same Benjamin hath not paid altho' the Same to Do the afd Rowland afterwards viz.t the Same day and year afd at the County afd and within the afd Jurisdiction by the same Benj.a was requested but he the same hitherto to Do hath altogether Refused and Still doth Refuse whereby the same Benj.a Say's he is worse and hath Damage to the value of three thousand pounds of tobacco and ten pounds Curr.t Mony and thereof he Brings this Suite &c Levin Gale P Quer Pledges &c Jno Doe Rich.d Roe And the afd Rowland Beavins by George Dashiell his attorney Comes and defends the force and Injury when &c a prays Leave to Imparle hereunto untill the next Court and he hath in and the same day is given to the afd Plft here also Att which said next Court to witt the Ninteenth day of March Anno Dom One thousand Seven hundred and twenty seven Comes again as well the afd Benjamin Houston as the afd Rowland Beavins by their attorneys afd and the afd Benjamin by his attorney afd prays that the afd Rowland Beavins to his declaration afd may answer &.c Whereupon the afd attorney of the same Rowland says that he is not Informed by the same Rowland his Clyant of any answer for the same Rowland to the afd Benjamin in the plea afd to be given and nothing Else thereof Says by which the Same Benjamin Remains against the afd Rowland thereof undefended For which the same Benjamin his damages by Occasion of the non performance of the promise and assumption afd against the afd Rowland ought to recover but because it is not known what damages the afd Benjamin hath Sustained by Occasion of the non performance of the promise and assumption afd Command is given to the Sherr that by the Oath of honest and Lawfull men of his bailywick he diligently Inquire what Damages the afd Benjamin hath Sustained as well by Occasion of the non performance of the promise and assumption afd as for his Costs and Charges by him about his suite in that Part Expended and the Inquisition which thereof he Should make he make known unto here at the Next Court to be held for the County afd at dividing Creek the third tuesday of June then next under his Seal and the Seal of them by whom he makes the said Inquisition he Send together with the writt thereof to him directed &.c and the same day is given to the afd rowland there also Att which said Next Court to witt the Eighteenth day of June Anno Dom One thousand Seven hundred and and twenty Eight Cometh again the afd Benjamin Houston by his attorney afd and the Sher to witt Francis Allen Gent Returned a Certain Inquisition before him taken at the hous of Jn.o Atkinson in Snow hill Town in the County afd on the fourth day of June and Year Last mentioned by which it appears that the afd Benjamin hath sustained damage by occasion of the Non performance of the Promise and assumption afd beyound his Costs and Charges by him about his Suit in that part Expended to one thousand and five pence and for those Costs and Charges to ^to^ One pound of tobacco Therefore it is Considered by the Court here the Eighteenth day of June ann.o Dom One thousand Seven hundred and Twenty Eight that the afd Benjamin Houston Recover against the afd Rowland Bevins one thousand and five pence and one pounds of tobo his damages afd as by the Inquisition afd appears as also |
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Somerset County Judicial Records, 1727-1730
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