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Somerset County Judicial Records, 1727-1730
Volume 841, Page 172b   View pdf image
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                 March Court        1728                 172

said five hundred and thirty one pounds of tobacco to the Said John when he should be thereunto afterwards required
he would well and faithfully pay and Content Nevertheless the afd Robert his promise and assumption afd in form
afd made nothing regarding but Plotting and fraudulently Intending the Said John in that part Craftilly and
Subtilly to deceive and defraud the said five hundred and Ninty One pounds of tobacco to the Said John altho'
the Same to do the same Robert on the afd thirteenth day of august in the Year afd and often afterwards
at the County afd by the Said John he was thereunto Requested hath not paid or to him for the Same in any
wise Contented hath not paid but the Same to him hitherto to pay or in any Sort to Content hath refused and
still doth refuse and deny whereupon he saith he is worse and hath damage to the value of one thousand
pounds of tobacco and thereupon he brings Suite &.c
                                                                                     F Allen P Qur Pledgs &c Jno Do R Roe


                    M.r         Rob.t             Graham
          To paid you by George Parker for my use
          To paid you by W.m Miles for my use
          To paid you by Roger Miles for my use
          To paid you by Jacob Sheopard for my use
          To paid you by Wm Rite for my use
          To paid you by Selby Onions for my use
           Dr
ll tobacco
210
125 
  72
  60
  62 
  62
591
                                                        Errors Excepted this 13th day of August 1727 P John Kendall
Aprill the 10.th 1729   Personally appeared before me the Subscriber One of the Justices of the right honrble
the Lord Proprietary for the County of Somersett the above Named John Kendall and made oath upon
the holy Evangelist of Almighty God ^that the above acco.t^ is Just and true as appears by Sundry affidavitts now in his hands
and that the above Named Robert Graham never gave his account Creditt for the Sums of tobacco
above named and never by himselfe or any other paid the Said Kendall the above sum of five
hundred and Ninty One pounds of tobacco and that the Said Sum is still due and unpaid to the said Kendall
by the said Graham                                                                                    Jno Scott

And the afd Robert Graham by Levin Gale 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 Eighteenth day of March anno Dom One thousand Seven
hundred and twenty Eight Came again as well the aforesaid John Kendell as the aforesaid Robert
Graham by their attorneys aforesaid and whereupon the said Robert Graham by his said attorney as before
defends the force and Injury when &.a and Says that he Cannot Gainsay the action afd of the afd John
Kendall nor can he say but that he did assume upon himselfe in manner and form as the afd John above ag.t
him hath Complained and as to the damage of the same John by him by Occasion of the premisses besides
in that part Sustained the Same Robert says and Confesseth that the afd John has Sustained Damage by Occasion
of the premisses besides his Costs and Charges by him about his Suit in that part Expended to five hundred & Ninety
One pounds of tobo and because the afd John doth not Gainsay this but the Same alligation Confesseth
to be true prays Judgmt and his damages above Confessed together with his Costs and Charges afd to him
adjudged &.c
                               Therefore by Consent of the parties afd it is Considered by the Court ^here^ that the afd
John Kendall Recover against the afd Robert Graham his damages afd to the afd five hundred and
ninety One pounds of tobacco by the same Robert in form afd Confessed as also two hundred &
                                                                                                                      thirty Six


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Somerset County Judicial Records, 1727-1730
Volume 841, Page 172b   View pdf image
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