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August Court
1729
207 by the same Joseph paid and satisfied and so thereof being Indebted the same Abraham in Consideration thereof afterwards to witt the same day and year afd at the County afd and within the afd Jurisdiction upon himselfe assumed and to the same Joseph then and there faithfully promised that he when afterwards he should be thereto requested he the afd sum of one thousand pounds of tobacco to the same Joseph would well and faithfully pay and Content Nevertheless the said Abraham his promise and assumption aforesaid in form afd made Little regarding but plotting and fraudulently Intending him the said Joseph in that part Craftilly and Subtilly to deceive and defraud the said Abraham the said Sum of One thousand pounds of tobacco nor any part thereof to the same Joseph hath not paid altho' the same to do the Said Abraham afterwards to witt the Same day and Year afd at the County afd and within the afd Jurisdiction was requested but he the Same to do hath altogether refused and still doth refuse whereby the Same Joseph Says he is worse and hath damage to the Value of two thousand pounds of tobacco and thereof he brings this Suit &c L Gale P Quer Pledges &.c Jno Doe R Roe And the afd abraham Cordery by George Dashiell 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 seventeenth day of June anno Dom one thousand seven hundred and twenty Nine Came againe as well the afd Joseph Macclester as the afd Abraham Cordery by their attorneys afd and the afd Joseph by his said attorney prays that the afd Abraham to his declaration afd may answer and the afd Abraham altho' at the same day solemnly Called Cometh not nor nothing says in bar or preclusion of the action afd of the afd Joseph by which the same Joseph remaineth against the afd Abraham thereof undefended &.c Wherefore the aforesaid Joseph his damages against the afd abraham by Occasion of the Non Pformance of the promise and assumption ^afd^ ought to recover but because it is not known to his Lordships Justices here what damage the same Joseph in that part has sustained Therefore Command unto the sher of Somersett County that by the Oath of honest and Lawfull men of his bayliwick or County he diligently Enquire what damage the same Joseph has sustained as well by occasion of the non performance of the promise and assumption afd as for his Costs and Charges by him about his Suit in that part apposed and the Inquisition which thereof he takes to his Lordships Justices at dividing Creek in Somersett County afd the third tuesday of August next under his seal and the seals of them by whose Oath he makes the Same Inquisition he send together with his said Lordships Writt to him thereof directed and the same day is given to the afd Abraham there also &c Att which said third tuesday of August to witt the Ninteenth day of the Same Month anno Dom One thousand seven hundred and twenty Nine before his said Lordships Justices at dividing Creek in the County afd Cometh the afd Joseph Macclester by his attorney afd and the sher of Somersett County viz.t John Purnall Gent Returned a Certain Inquisition before that taken at Wickacomoco in ye County afd on the thirtieth day of July and year afd by the Oath of Honest and Lawfull men of his bailywick taken by which it appears that the afd Joseph MccClester hath Sustained Damages by occasion of the Non Pformance of |
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Somerset County Judicial Records, 1727-1730
| Volume 841, Page 207b View pdf image |
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