Volume 842, Page 174 View pdf image |
March Court
1731
174 Rider recover against the aforesd Philip Haris for his debt aforesd and his Damages by Occasion of the Detaining of the Same Debt to One hundred & seventy 170 pounds of tobacco to the Same John by his assent by the Court here adjudged and the afd Philip in Mercy &c
he Oweth and Unjustly detaineth &c And whereupon the said John by Levin Gale his attorney saith that whereas the said Joseph the twentyeth day of march ann Dom One thousand Seven hundred twenty nine and thirty at Somerset County within the Jurisdiction of this Court by his Certain Writing Obligatory which ye said John with the Seal of the said Jos Signed here into Court brings the date whereof is the same day and year aforesaid did acknowledge himselfe to be bound unto the afd Hugh Porter in the afd Sixty pounds Sterling to be paid unto the Said Hugh when he Should be thereto required which said Hugh Porter on the thirty first day of July one thousand Seven hundred and thirty one at Somerset County afd within the Jur of this Court did assign unto the aforesd John Tunstall all his right title and Intrest to the Said Obligation the Condition of the Said Obligation then Remaining unperformed of which said assignment the Said Joseph MccClester on the tenth day of August and year Last mentioned at Somerset County aforesd within the afd Jur by the hands of the aforesd John had notice by reason whereof as also by force and Vertue of an act of assembly of this Province now in force in Such Case made and provided the SAid Joseph became Lyable to pay unto the afd John Tunstall the afd Sixty pounds sterr Yet the Said Joseph tho' often Required the Said Sixty pounds Ster to the SAid John hath not rendered but the Same to him hitherto to render hath Denyed and Still doth Deny and Unjustly Detain to the Damage of the Said John of fifty pounds of Like money and thereupon he brings Suit &c J Doe L Gale P Qrte pledges &c R Roe And the aforesd Joseph MccClester by W.m Beckingham his Attorney Cometh and Defendeth the force and Injury when &c and says that he Cannot Gainsay the action afd of the afd John Tunstall nor Can he say but that the writing obligatory afd is the deed of the Same Joseph nor but that he owes the Same John the afd Sixty pound Sterling in manner and forme as the Same John above against him Declared Therefore it is Consid^e^red that the afd John Tunstall recover against the afd Joseph MaClester his Debt afd and his Damages by occasion of the 316 Detaining of the Same Debt to three hundred and sixteen pounds of |
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Volume 842, Page 174 View pdf image |
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