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Somerset County Judicial Records, 1727-1730
Volume 841, Page 170b   View pdf image
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        March Court        1728               170

upon himselfe assumed and to the Same Francis then and there faithfully did promise that he when afterwards
he should be thereto Requested he ^the^ afd Sum of Eighteen hundred and forty pounds of tobacco to the same fran
would well and faithfully Content and pay nevertheless the said Henry his promisses and assumption afd
in form aforesaid made Little Regarding but plotting and fraudulently intending him the same francis in that
part Craftilly and Subtilly to defraud and deceive the the afd Sum of Eighteen hundred and forty pounds of
tobacco or any part thereof to the Same Francis hath not paid or him for it in anywise Contented altho' the said
Henry the same to do afterwards to witt the same day and year afd at the County afd within the afd Jurisdiction
was thereto requested but the Said Henry the Same to doe hath altogether Refused and Still doth refuse
whereby the same Francis says he is worse and hath damage to the Value of three thousand five hundred
pounds of tobacco and thereof he brings this Suite &c

1727 may 5.th
 
 
 
August 24.th
                              Henry Travis
To Committm.t and releasment at Suit of the Lord proprietary
To 30 days Custody                @ 30 Pr Day
To 80 Days Ditto                    @ 10 Pr Day
To paid Thomas Billings for taking you up after  
you brooke Goal and run out of my Custody from Vergenia
    Dr
    40
  600
  800
  400 
1840
                                                                                            Errors Excepted P fran Allen she
                            Aprill 24.th 1729
                                                          Sworn to In Open Court in Common form
                                                                                                                            Test   Thomas Hayward Cl

          And the aforesaid Henry Travis by Robert Peirie his attorney Comes and defends the force and Injury
when &c and prays Leave to Imparle hereunto untill the next Court and he hath it and the Same day is given
to the afd Plft here also &c

                Att which said next Court to witt the ninteenth day of November anno Dom One thousand seven
hundred and twenty Eight Came again as well the afd Plft as the afd Deft by their attorneys afd and thereupon
the afd Deft by his said attorney prays further Leave to Imparle hereunto untill the next Court
and he hath it and the Same day is given tot he afd Plft here also &ca

       Att which said next Court to witt the Eighteenth day of March anno Dom One thousand seven
hundred and twenty Eight Came again the aforesaid francis Allen by his attorney afd and prays that the
afd Henry Travis to his declaration in the plea afd may answer whereupon the afd Henry hath day
given to him ^by the Court here^ untill the Last day of this term to answer &c  And the Same Henry at the Same day ^being^ solemnly
Called to answer Cometh not nor the Same attorney of the afd Henry says nothing in bar or preclusion
of the action afd of the afd francis by which the Same francis remaineth against the afd Henry thereof
undefended &.c
                            Wherefore the afd francis Allen by his damages by Occasion of the premisses afd
against the afd Henry Ought to recover whereupon the said francis by his said attorney prays that the
Justices here may assess his damages by occasion of the Nonperformance of the promise and assumption
afd    thereupon the damages of the afd francis is by the Justices according to act of assembly in such Case
made and provided besides his Costs and Charges by him about his Suit of in that part Expended assessed
to Eighteen hundred and forty pounds of Tobacco

                Therefore it is Considered that the afd francis Allen recover against the afd Henry Travis his
damages afd to Eighteen hundred and forty pounds of tobacco by the Justices afd in form aforesaid assessed
as also two hundred and Ninty five pounds of tobacco for his Costs and Charges afd to the Same francis by the
Court here of his assent adjudged &c and the afd deft in Mercy &c


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Somerset County Judicial Records, 1727-1730
Volume 841, Page 170b   View pdf image
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