Volume 841, Page 82 View pdf image |
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March Court
1727 82 or any part thereof to the same Benj.a he hath not paid or him for it in anywise Contented altho the same to do the afd Jn.o afterwards viz.t ye same day and Year afd at ye County afd and within ye afd Jurisdiction by ye same Benj.a was requested but he the same hitherto to do hath altogether refused and still doth refuse whereby ye same Benj.a says he is worse and hath Damage to ye value of fifteen hundred pounds of tob.o and thereof he Brings this Suite &c Levin Gale P Quer Pledges &c Jno Doe Richd Roe
A Copy of the foregoeing declaration and account were made and sent to be served on the defend.t with the writt in the plea afd Att which said third tuesday of March to witt the ninteenth day of the same month ann.o Dom One thousand seven hundred and twenty seven being the day of the Return of the said writt Cometh the afd Benj.a Wailes by his attorney afd and the Sherr of Somersett County to whome the foregoeing writt was directed Likewise Cometh and maketh return thereof to the Court here Endorsed in these words following vizt Cepi Corpus declaration delivered in time P Francis Allen sher And the afd John Allen by George Dashiell his attorney Comes and defends the force and Injury when &.c And the said Benjamin Wailes by his attorney afd prays that the afd John ALlen to his declaration afd may answer whereupon the afd attorney of the afd John Allen says that he is not Informed by the same John his Clyant of any answer for the same Jno to the afd Benjamin in the plea afd to be given and nothing Els thereof says by which the same Benjamin Remaineth against the afd John thereof undefended &c Wherefore the same Benjamin his damages by Occasion of the Non performance of the promise and assumption afd against the afd John Ought to recover but because it is not Known what damage the afd Benjamin hath Sustained by Occasion of the nonperformance of the promise and assumption afd Command is given to the Sherr of somersett County that by the Oaths of honest and Lawfull men of his Bailywick or County he diligently Enquire what damages the afd Benjamin ^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 Expended and the Inquisition which thereof he should take to his Lordships Justices at the next Court to be held for the County afd the third tuesday of June next he make appear under his Seall and the Seales of those by whose Oath he makes the same Inquisition and ^that he^ have you then and there the names of them by whose Oath he makes the same Inquisition &.c and the same day is given to the afd Plft here also &c |
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Volume 841, Page 82 View pdf image |
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