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June Court
1729
201 that he did assume upon himselfe in manner and form as the afd Patrick above against him hath Complained and as to the damage of the same Patrick by him by occasion of the premisses in that part Sustained the same Patrick William says and Confesseth that the afd Patrick has sustained damage by occasion of the premisses beyond his Costs and Charges by him about his Suit in that part Expended to Nine pounds fifteen Shillings and five pence halfe Penny Curr.t money and not more and because the afd Patrick denys not this but the same allegation Confesseth to be true Prays Judgm.t and those damages above Confessed together with his Costs & Charges afd to him adjudged &.c Therefore by Consent of the parties afd It is Considered that the afd Patrick Sympson Recover against the afd William Dulany his damages afd to the afd Nine pounds fifteen shillings and five pence halfe penny Currant mony by the Same William in form afd Confessed as also two hundred and 216 sixteen pounds of tobacco for his Costs and Charges to the same Patrick at his request by the Court here and of the Consent of the parties and adjudged which Certain damage in the whole do amount to Nine pounds fifteen shillings and five pence halfe Penny and Two hundred & sixteen pounds of tobacco and ye afd Deft in Mercy &c
that whereas the Same Joseph MccClester the tenth day of November one thousand seven hundred and twenty Seven at Stepney parish in Somersett County afd within the Jurisdiction of this Court was Indebted unto the Same Henry in the Sum of two thousand five hundred ^and fifty^ pounds of tobacco as by a note under the hand of the Same Joseph may appear and the same Joseph being Indebted as afd in Consideration afd at the time and place afd did upon himselfe assume and promise that the afd sum of two thousand five hundred ^and fifty^ pounds of tobacco he would well and truely Content and pay when he should be thereunto requested nevertheless the same Joseph his promise and assumption afd in form afd made Little Regarding but plotting and fraudulently Intending him the said Henry to deceive the said sum of two thousand five hundred ^and fifty^ pounds of tobacco he hath not paid but the same to pay hath denyed and still doth deny to the damage of the said Henry of five thousand pounds of tobacco and thereof he brings this Suite Dashiell P Quer Pledges &.c Jno Doe R Roe And the afd Joseph MccClester by Levin Gale his attorney Comes and defends the force & Injury when &.c and says that he Cannot Gainsay the action afd of the afd Henry nor but that he did assume upon himselfe in manner and form as the afd Henry above against him hath Complained and as to the damage of the Same Henry by him by occasion of the premisses in that part Sustained the Same Jos says and Confesseth that the afd Henry has sustained damages by occasion of the premisses besides his Costs and Charges by him about his Suit in that part apposed to two thousand five hundred ^and fifty^ pounds of tobacco and not more and becaus the afd Henry denys not this but the same allegation Confesseth to be true prays Judgm.t and those damages above Confessed together with those Costs and Charges afd to him adjudged &c Therefore it is Considered by Consent of the parties afd that the afd Henry Fitzwaters recover against the afd Joseph MccClester his damages afd to the afd two thousand five hundred ^and fifty^ pounds of tobacco by |
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Somerset County Judicial Records, 1727-1730
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