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August Court 1732
231 Polteny in the Plea aforesd as followeth &c Somerset County ss Richard Poulteny Late of Somerset County Planter was attached to answere unto John Collins of a plea of trespass upon the Case &c And Whereupon the S.d John by Rob.t Jenkins Henry his attorney Complains that whereas the Said Richard the Six Day of September Seventeen hundred and thirty one at Somerset County aforesd within the Jur of this Court was Indebted unto the Said John in the Sum of Eleven pounds ten Shillings in Silver or Gold on Demand for Value received as by a Certain note by the Said Richard Signed and hereunto annexed dated the Day and Year abovesaid may in Court appear and being so thereof Indebted the Said Richard in Consideration thereof the Day and Year afd at the Place aforesd within the Jurisdiction afd in and by the note aforesd upon himself did assume and to the Said John did then and there did faithfully promise that he the Said Richard the Same day Eleven pounds ten Shillings so as afd to the Said John would faithfully pay and Content Nevertheless the Said Richard his promise and assumption afd in forme aforesd made Nothing regarding but Plotting and fraudulently Intending the Said John in that part Craftilly and Subtilly to Deceive and Defraud the aforesaid Eleven pounds ten Shillings or any part thereof to the Same John hath not paid altho ^the^ Said Richard by the Same John on the Same day and Year aforesd was required and often afterwards at Somerset County aforesd within the Jurisdiction aforesd he was thereunto Requested hath not paid but the Same to him hitherto to pay hath refused and Still doth refuse and Deny to the Damage of the Said John twenty three pounds like Money afd and thereupon he brings Suit &c Robert Jenkins Henry P Qute p Jn.o Doe R Roe Att which said third tuesday of August to wit the fifteenth day of the Same month ann Dom one thousand Seven hundred and thirty two being the day of the returne of the Said Writt Cometh the Said John Collins by his attorney and the Sher of Somerset County to whom the foregoeing Writt was Directed Likewise Comes and makes returne thereof to the Court here Endorsed in these words following Vizt Nonest Inventus declaration Left Jos Caldwell sher Whereupon the Said John Collins by his attorney afd prays that for as much as he has Complyed with the Law in order to an attachment he may have Judgment against the Same Richard Poltney for is Damages aforesd by way of Attachment according to act of assembly in Such Case made and provided &c Whereupon for that it seems to the Court here that the Said Jno Collins has Complyed with the Law as alledged Therefore it is Considered by the Court here that the said John Collins Recover against the Said Richard Polteny his Damages aforesd ^to^ Eleven pounds ten Shillings |
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Somerset County Judicial Records, 1730-1733
| Volume 842, Page 231b View pdf image |
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