Volume 841, Page 195b View pdf image |
June
Court 1729
195
that Whereas the afd Will.m West the first Day of July Anno Dom one thousand Seven Hundred twenty & Seven at Somrsett Co.ty within the Jur of this Co.t was Indebted to ye Same Will.m Hopkins in ye Sum of Six Hundred twenty & a halfe pounds of tob.o & thereof being Indebted ye said Will.m West in Consideration thereof afterwards viz.t ye same Day & year afd at ye Co.ty afd & within ye afd Jur upon himselfe assumed & to the Same Will.m Hopkins then & there faithfully promised yt he when afterwards he should be thereto required ^he^ ye afd Sum of Six Hundred twenty & a halfe pounds of tob.o to ye same Will.m Hopkins wou'd well & faithfully Content & pay Nevertheless the said Will.m West his promise & assumption afd in form afd made Not regarding but Plotting & fraudulently Intending him the Same Will.m Hopkins in yt part Craftilly & Subtilly to Deceive & Defraud ye afd Six Hundred twenty & one half pounds of Tob.o or any part thereof to ye Same Will.m Hopkins he hath not paid although ye Same to Doe ye afd Will.m West Afterwards (viz.t) the Same Day & Year afd at ye Co.ty afd & within ye afd Jur & often afterwards by ye Same Will.m Hopkins was required but he ye Same hitherto to Doe hath altogether refused & Still Doth refuse whereby ye Same Will.m Hopkins say's he is worse & hath Damages to ye Value of twelve Hundred pounds of tob.o & thereof brings this Suite &c F Allen P Quer Pledges &.c J Doe R Roe And the afd Will.m West by Levin Gale his attry Comes & Defends the force and Injury When &.c And pray's Leave to Imparle hereunto untill ye Next Court and he hath it & the Same Day is Given to ye afd Plft here also Att which said Next Court to witt ye Seventeenth day of June anno Dom One thousand seven hundred and twenty Nine Came again as well the afd William Hopkins as the afd William West by their attorneys afd and whereupon the afd William Hopkins by his said attorney prays that the afd W.m West to his declaration afd may answer &.c But the same attorney of the Same William West saith that he is not Informed by the same William West his Clyant of any Answer for the same William West in ye plea afd to be given and nothing els thereof Saith by which the Same William Hopkins Remaineth ag.t the aforesaid William West thereof undefended &.c; wherefore the same William Hopkins his damages by Occasion of the non performance of the promise and assumption afd against the afd William West ought to recover &.c And whereupon the Justices her according to act of assembly in Such Case Lately made & provided at the prayer of the same W.m Hopkins and by the Consent of the afd W.m West do assess the damage of the same W.m Hopkins by Occasion of the Non performance of the promise and assumption afd besides his Costs and Charges by him about his Suit in that part apposed to Six hundred and twenty and a halfe pounds of tobacco Therefore it is Considered that the afd W.m Hopkins Recover against the afd William West his damages afd to the afd Six hundred and twenty and a halfe pounds of |
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Volume 841, Page 195b View pdf image |
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