Volume 841, Page 25b View pdf image |
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August Court
1727
25 answer unto Francis Allen Sherr of a plea that he Render unto him Eight Thousand pounds of tob.o which to him he owes and from him he unjustly Detaines &c And Whereupon the same Francis by Levin Gale his attorney saith that whereas the afd Joseph Trewitt the Second Day of December Anno Dom One thousand Seven hundred and twenty six at Somersett County within the Jurisdiction of this Court by his Certain writing obligatory Granted himselfe to be held and firmly Bound unto the Same Francis in the Just Quantity of Eight thousand pounds of ^good sound Merchantable^ tob.o to be paid the Same Francis when afterwards the said Jos Trewitt should be thereto requirded yet the afd Joseph Trewitt though often thereto requirded the afd Eight thousand pounds of tob.o to the same Francis hath not Rendered but the said Joseph Trewitt the same hitherto to Do hath altogether Denyed and Still Doth Deny and Unjustly Detaine where by the same Francis says is is worse and hath Damage to the Value of Sixteen thousand pd.s of tob.o and thereof he brings this Suite and the same Francis brings hereinto Court the writing obligatory afd which the Debt afd in form afd Wittnesseth whose Date is the Same Day and Year afd L Gale P Quer Pledges &c J Doe R Roe And the afd Joseph Trewitt 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 unto the afd Plft here also &c Att which said next Court to witt the fifteenth day of August Anno Dom one thousand seven hundred and twenty Seven Came again as well the afd Francis Allen as the afd Joseph Trewitt by their attorneys afd and whereupon the said Joseph Trewitt by his said attorney as before defends the force and Injury ^when^ &c and says that he Cannot Gain say the Action of the afd Francis nor but that the writing Obligatory afd is the Act and Deed of the same Joseph Trewitt nor but that he Owes the afd Francis the afd Eight thousand pounds of tob.o in Manner and form as the afd Francis above against him hath Declared &c Therefore it is Considered by the Court that the afd Francis Allen Recover against the afd 336 Joseph Trewitt Eight thousand pounds of tob.o his Debt afd and his Damages by Occasion of the 336 Detaining of the same Debt to three hundred and thirty Six pd.s of tob.o to the same Francis of his assent by the Court here adjudged and the afd Deft in Mercy &c Charge fees to George Tull
And whereupon ye same Francis by Levin Gale his attry saith yt whereas ye afd Jn.o ye twenty sixth day of Novem Anno Dom one thousand seven hundred & twenty Six at Somrsett Co.ty within the Jur: of this Court by his Certain Writing Obligatory Granted himselfe to be held & firmly bound unto the same Francis in ye ^sum of^ Eight Thousand pd.s of Tob.o to be paid ye same Francis when afterwards the said Jn.o shoud be thereto required yet ye afd Jn.o Though often thereto required ye afd Sum of Eight Thousand pd.s of Tob.o to ye same Francis hath not Rendered but ye said Jn.o ye same hitherto to doe hath altogether Denyed & Still doth deny & Unjustly Detain whereby ye same Francis sayes he is worse & hath Dam to ye value of Sixteen thousand pd.s of Tob.o & thereof he Brings this Suite &.a And ye same Francis brings hereinto ye Court ye Writing Obligatory afd with ye Debt afd in form afd Wittnesseth whose date is ye same day and year afd L Gale P Quer Pledges &.a J Doe Rich.d Roe |
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Volume 841, Page 25b View pdf image |
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