| Volume 841, Page 243 View pdf image |
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March Court
1729
243 as also Two hundred & fifty Two pounds of tob.o for his Costs & Charges afd to the Same Joseph at his request by the Court here and by Consent of ye Parties 252 afd adjudged which Certain Damages in the Whole do Amount to Eight hundred & fifty five pounds of tob.o and the afd Deft in Mercy &a
the afd W.m the tenth day of Novem.r Seventeen Hundred & twenty Eight at Somrsett Co.ty within ye Jur of this Co.t was Indebted unto the same Jos: in ye sum of Eleven Hundred & thirty one pounds of tob.o as by Acc.t here within Court Produced May appear & so thereof Being Indebted the said W.m in Consideration thereof afterwards to witt ye same day and Year afd at ye Co.ty afd & within ye afd Jur upon himselfe assumed & to ye same Jos: then & there faithfull Promises yt he ye said W.m when afterwards he Should be thereunto requested ye afd Sum of Eleven Hundred & thirty One pd.s tob.o unto ye same Jos: he wou'd well & faithfully Content & pay Nevertheless ye afd W.m his promise & assumption afd in form afd Made Little regarding but Plotting & fraudulently Intending him ye said Jos: in that part Craftilly & Subtilly to Defraud & Deceive he ye afd Sum of Eleven Hundred & thirty one pounds of tob.o nor any part thereof unto ye same Jos: hath not paid or for him for it in anywise Contented altho' ye said W.m ye same to do afterwards to witt ye same day & Year afd at ye Co.ty afd within the afd Jur was thereto requested but ye said W.m ye same Hitherto to do Hath altogether refused & Still doth refuse whereby ye same Jos: say's he is worse & Hath Damage to ye value of two thousand pounds pounds of tob.o & thereof he Brings this Suite &.a L Gale P Quer Pledges &a J Doe R Roe
Whereupon ye said W.m Collins in his own Proper Person Comes & Defends the force & Injury When &.a And say's that he Cannot Gainsay ye Action afd of ye afd Jos: Nor but that he did assume upon himselfe in Manner & form as ye afd Joseph above Against him hath Complained & as to ye Damage of ye said Jos: by him by Occasion of ye Premisses in yt part Sustained ye same W.m Say's & Confesseth yt ye afd Jos: has Sustained Damage by Occasion of ye Premisses beyond his Costs and Charges by him about his Suite in that part apposed to Eleven Hundred & thirty One pd.s of tob.o & Not More & Because ye afd Jos: MaClester deny's not this but ye same Alligation Confesseth to be true Pray's Judgm.t & those Damages above Confessed together with his Costs & Charges afd to him adjudged &a (Therefore) |
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| Volume 841, Page 243 View pdf image |
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