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Somerset County Judicial Records, 1730-1733
Volume 842, Page 170b   View pdf image
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March Court       1731                        170

Richard Gildart esquire of a plea of trespass upon the Case &c    And whereupon the said Richard by W.m Beckingham
his attorney Complaines that whereas the Said Charles the first day of May anno Dom Seventeen hundred &
thirty at Somerset County aforesaid within the Jurisdiction of this Court was Indebted unto the Said Richard
in the Quantity of Seven hundred and thirty Seven  pounds of tobacco for divers goods wards and Merchantdizes
by the Same Richard to the Same Charles at his especial Instance and request there before that time sold
and delivered and being so thereof Indebted the Said Charles in Consideration thereof the day and Year aforesd
at Somerset County aforesaid within the Jurisdiction aforesaid upon himselfe did assume and to the Said Richard
then and there did faithfully promise that he the Said Charles the Said Seven hundred & thirty seven pounds of
tobacco to the said Richard when he Should be thereunto Requested he would well and faithfully pay and Content
Nevertheless the said Charles his promise and assumption aforesaid in form afd made nothing Regarding but
plotting and fraudulently Intending the Said Richard in that part Craftilly and Subtilly to deceive and defraud
the aforesaid seven hundred and thirty Seven pounds of tobacco to the said Richard altho' the Same to do
the said Charles by the aforesaid Richard on the aforesaid first day of may in the Year aforesaid and often
afterwards at Somerset County aforesaid within the Jurisdiction afd he was thereunto requested hath not paid
or to him for the Same in any sort Contented but the Same to him hitherto to pay or in any sort to Content hath refused
and Still doth Refuse and deny whereupon he Saith that he is worse and hath damage to the Value of
fourteen hundred pounds of tobacco and thereupon he brings Suit &c                         Jno Doe
                                                                                                                                     &
                                                                               Wil Beckingham p Quer pl &c    Rd Roe

A Copy of the foregoeing declaration was made and Sent to be Served on the afd Charles Young with the writt afd
eight days before the Return of the Same writt in order for plea or Judgm.t that Same term &c

       Att which Said third tuesday of march to witt the twenty first day of the Same month ann Dom One thousand
seven hundred and thirty One being the day of the Return of the Same writt Cometh the aforesaid Richard Gildart
by his attorney aforesaid and the Sherr of Somerset County to whom the foregoeing writt was directed
Likewise Cometh and maketh return thereof to the Court here endorsed in these words vizt Cepi Corpus declaration
delivered in time      P Joshua Caldwell sher

      The said Charles Young in his proper person present here in Court at the prayer of the aforesaid Richard
Gildart by his attorney aforesaid is adjudged to Give Speciall bail to the action afd whereupon a Certain Timothy
Adkinson of Somerset County planter present herein Court in his proper person assumed upon himselfe and undertook
for the Same Charles Young that if in Case the Said Richard shall Recover Judgm.t in the plea aforesaid
against the Said Charles or that the Same Charles Shall be therein Convict that then he the Said Charles Shall pay
the Condemnation of the Court thereupon or Render his Body in Execution of the Same Judgm.t or that he ye said
Timothy Adkinson will do the Same for him

             Whereupon the aforesaid Charles Young in his proper person Comes and defends the force and Injury
when &c and says that he Cannot Gainsay the action aforesaid of the aforesaid Richard nor but that he did
assume upon himselfe in manner and form as the aforesaid Richard above against him Complained and
as to the damages of the Same Richard by him by Occasion of the premisses in that part Sustained
the Same Charles saith and Confesseth that the aforesaid Charles Richard sustained damages by Occasion
of the premisses beyound his Costs and Charges by him about his Suit in that part apposed to seven
                                                                                                                                           hundred


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 170b   View pdf image
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