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Somerset County Judicial Records, 1727-1730
Volume 841, Page 211b   View pdf image
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                    Augt Court             1729                211

    Somersett County there to remain &.c   thereupon the afd Francis Mercer prays that the afd Philip Taylor to his
declaration afd may answer whereupon the afd Philip Taylor hath day untill next Court to him given by the
Court here to answer unto the afd Francis Mercer in the plea afd &c

                               Att which Said Next Court to witt the Ninteenth day of August anno Dom one thousand seven
hundred and Twenty Nine Came again the Said Francis Mercer by his attorney afd and the Same Phillip at the
same day being Solemnly Called to answer Cometh not nor says nothing in Barr or Preclusion of the action
afd of the afd Francis by which the same Francis Remaineth against the afd Philip thereof undefended &.c

       Wherefore the afd Francis his damages by Occasion of the non performance of the promise and assumption
afd against the afd Philip ought to recover &.c whereupon at the prayer of the same Francis the
Justices here do assess the damages of the Same Francis by occasion of the promise and assumption afd ^according to act of assembly in Such Case made and provided^ besides
his Costs and Charges by him about his Suit in that part apposed to Eight pounds five shillings and a halfe
penny Curr.t mony &.c
                                   Therefore it is Considered that the afd Francis Mercer Recover against the afd
Philip Taylor his damages afd to Eight pounds five shillings and a halfe Penny Curr.t mony by the
Justices here in form afd assessed as also Two hundred and Ninty Nine            pounds of tobo
for his Costs and Charges to the same Francis by the Court here at his request adjudged and the afd Deft in mercy
&.c   And afd afterwards the said Philip Taylor being present herein Court is at the prayer of the
afd Francis Mercer by his attorney Committed into the Custody of the Sher of Somersettett County thereto
remain untill the said francis Mercer of his damages of and Costs afd should be fully Satisfyed
the said Sher to witt Jno Purnall Gent Present here in Court took Charge of the Said Philip
Taylor accordingly &.c


FA  Francis Mercer
                 agt
Pse  William Whittington
 Somersett fs    William Whittington late of Somersett County Gent.m was attached
to answer unto Francis Mercer of a plea of trespass upon the Case &c
    And whereupon ye s.d Francis Mercer by Francis Allen his attry Complaines
                               yt whereas ye said Will.m ye fifth day of Octob.r Ann.o Dom Seventeen
Hundred & twenty Eight at Somrsett Co.ty afd within ye Jur of this Co.t was Indebted unto ye said
Fran: Mercer in twenty Six pounds Eight Shills & Nine pence Curr.t mony of maryland it being as
well for Creditt Given as for Sundry Goods wares & Merchandizes by ye said Fran: Mercer to the said
Will.m at ye Speciall Instance & request of ye said Will.m before ye time sold & Delivered as by acct hereunto
annexed may appear in Co.t & being so thereof Indebted ye said Will.m in Consideration thereof ye
day & year afd at ye Co.ty afd upon himselfe did assume to ye s.d Fran: Mercer then & there faithfully
did promise that he ye said Will.m ye said twenty Six pounds Eight Shill.s & Nine pence to ye said Francis
Mercer when thereunto afterwards he should be requested he would well & faithfully pay & Content &
altho' ye said Pcell of ye afd twenty Six pounds Eight Shillings & Nine pence to ye afd Francis he hath
paid & Satisfied yett as to residue thereof ye said Will.m his promise & assumption afd in form afd made
Nothing regarding but plotting & fraudulently Intending ye said Francis in that part Craftilly & Subtilly
to Deceive & Defraud ye Said to ye said Francis altho' ye same to do ye said Will.m on ye afd fifth day
of October in ye year afd & often afterwards at ye Co.ty afd by ye said Francis he was thereunto requested
hath not paid or to him for ye Same in any wise Contented but ye Same to him hitherto to pay or
in any Sort to Content hath refused & Still doth refuse & deny Whereupon he saith he is worse
& hath Dam to ye value of
    And thereupon he Brings Suite &.c
                                                                   F Allen P Quer Pledges &c  J Doe  R Roe


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Somerset County Judicial Records, 1727-1730
Volume 841, Page 211b   View pdf image
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