Volume 841, Page 26b View pdf image |
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August Court
1727 26 abraham smith By their attorneys afd and whereupon the said Abraham Smith by his said attorney as Before Defends the force and Injury ^when^ &.c and says that he Cannot Gainsay the Action of the afd Francis nor but that the writing obligatory afd is the Act and Deed of the Same Abraham 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 Delared &c Therefore it is Considered by the Court that the afd Francis Allen Recover against the afd Abraham Smith 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 & thirty six pounds 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 Capt Bone
And whereupon ye same Francis by Levin Gale his attry saith yt whereas ye afd Price Collins ye twentieth 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 ye same Francis in ye sum of Eight Thousand pd.s of Tob.o to be paid ye Same Francis when afterwards ye said Price should be thereto required yet ye afd Price though often thereto required ye said sum of Eight Thousand pd.s of Tob.o to ye same Francis hath not Rendered but ye said Price the same hither to 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 & ye same Francis brings hereinto ye Court ye Writing Obligatory afd which ye Debt afd in form afd Witnesseth whose Date is ye same Day & year afd &a Levin Gale P Quer Pledges &.a John Doe Richard Roe And the afd Price Collins by Geo Dashiell his attry Comes & Defendes ye force & Injury when &a And Prays Leave to Imparle hereunto untill ye Next Court & he hath it & ye same day is given unto the afd Plft here also &a Att which said Next Court to witt ye fifteenth day of August Ann.o Dom one thousand seven hundred & twenty Seven Came again as well the afd Francis Allen as ye afd Price Collins by their attrys afd & whereupon the said Price Collins by his said attry as before Defends ye force & Injury ^when^ &.a & says yt he Cannot gainsay ye action of ye afd Francis nor but yt ye Writing obligatory afd is ye act & Deed of ye same Price nor but yt he owes ye afd Francis ye afd Eight Thousand pd.s of Tob.o in Manner & form as ye afd Francis above against him hath Declared &a Therefore it is Considered by ye Court yt ye afd Francis Allen Recover against ye afd Price Collins Eight Thousand pd.s of Tob.o his Debt afd & his Damages by Occasion of the 336 Detaining of the same Debt to three hundred and thirty six pounds of Tob.o to ye same Francis of his assent by ye Court here adjudged & ye afd Deft in Mercy &a Charge fees to Capt Thos Bone |
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Volume 841, Page 26b View pdf image |
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