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March Court
1728 163 at the County aforesaid upon himselfe did assume and to the said Archibald then and there did faithfully promise that he the said David the said three pounds fifteen shillings and four pence to the said Archibald when he should be thereunto requested he would well and faithfully pay and Content and altho' the said David three shillings pcell of the aforesaid three pounds fifteen Shillings and four pence to the said Archibald he hath paid and Satisfyed Yett as to three pounds twelve shillings and four pence residue thereof thereof the said David his promise and assumption afd in form afd made nothing Regarding but plotting and fraudulently Intending the said Archibald in that part Craftilly and Subtilly to deceive and defraud the said three pounds twelve shillings and four pence to the said Archibald altho' the same to do the said David by the said Archibald on the aforesaid twenty third day of December in the year aforesaid and often afterwards at the County aforesaid he was thereunto Requested hath not paid or to him for the same in anywise Contented but the same to him to pay or in any wise for the same to Content hath hitherto altogether refused and still doth Refuse and deny whereupon he says he is worse and hath damage to the value of seven poun pounds money aforesaid and thereupon he brings suite &c F Allen P Qrte Pledgs dep Jno Doe R Roe
the writt in the plea afd Att which said third tuesday of march to witt the Eighteenth day of the same month ann.o Dom One thousand Seven hundred and twenty Eight being the day of the Return of the said writt Cometh the said Archibald Smith by his attorney aforesaid and the Sher of Somersett County to whom the foregoeing writt was directed Likewise Cometh and maketh return thereof to the Court here Endorsed in these words following viz.t Cepi Corpus declaration delivered in time p Jno Purnall sher And the said David Robinson at the prayer of the plfts attorney aforesaid is adjudged to give speciall bail to the action aforesaid Whereupon a Certain George Dashiell of Somersett County Gentleman present here in Court undertakes for the said David Robinson that if in Case the said Archibald Smith shall recover Judgm.t in the plea aforesaid against the aforesaid David Robinson or that the said David Robinson shall be therein Convict that then he the said David Robinson shall pay the Condemnation of the Court thereupon or render his body to the Custody of the Sher of Somersett County in Satisfaction ^there^of the Same or that he the said George Dasheill will do it for him &c Whereupon the said David Robinson by George Dashiell his attorney comes and defends the force and Injury when &c and Says that he Cannot gainsay the action aforesaid of the afd Archibald nor can he say but that he did assume upon himselfe in manner and form as the aforesaid as the afd Archibald above against him hath Complained; and as to the damage of the said Archibald by him by occasion of the premises in that part sustained the same David says and Confesseth that the afd Archibald hath sustained damage by occasion of the premisses besides his Costs and Charges by him about his suit Expended to three pounds twelve |
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Somerset County Judicial Records, 1727-1730
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