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August Court
1732
236
Exhibited his Certain Suit against John Harper of Said County planter in a plea of trespass upon the Case &c for the non performance of a Certain promise and assumption to the Said John Murray by the said John Harper made for payment of five pounds Eight shillings and three pence Curr money of Maryland upon which suit it was here in the said Court proceeded in before your worships that a tryall was thereupon had upon which a verdict was found as the Jurors expected for your petitioner and damages by them assessed to thirty three shillings and four pence Currant money and One pound of tobacco Costs by which the Jurors Expected your petitioner should Recover his full Costs against the Said John Harper now so it is may it please your worships that in Strictness of Law your petitioner is Lyable to a nonsuit by which means the Costs must entirely fall upon him so it may it please Your worships that upon the agreement between your petition and the said John Harper he the said John Harper was Obliged to Satisfie and pay your petitioner his said debt in Cyder at the price of four pence p Gallon by reason whereof your petitioner Ought to have been allowed for his damages to the Value of forty one shillings and Eight pence Currant money for two Casques of Cyder the One Containing sixty Gallons and the Other Sixty five Gallons which he never had received from the Said John Harper in tender Consideration whereof and for as much as Your petitioner is without all remedy at Comon Law for Recovering the Same Your petitioner humbly prays Your Worships will be gratiously pleased to grant unto your petitioner as well his Lordships most Gracious Writt of Injunction to the Said John Harper and all and Every his Attornies Counsellors Sollicitors and Agents Comanding them and Every of them Under a Certain pain therein to be Expresses that no further proceedings he had in the Said action or Suit at Common Law against your petitioner in the Said County Court as also his Lordships most Gratious Writt of Supena to the Said John Harper to be Directed Comanding him at a Certain day and place by your Worships to be Directed and appointed Under a Certain Penalty therein to be Limitted to be and appear before your Worships in a Court of Chancery true and p.rfect answere to all and Singular the Premises to make as if here in and hereby pticularly Interrogated but More Especially whether he the Said John Harper hath not Made Default in paying to |
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Somerset County Judicial Records, 1730-1733
| Volume 842, Page 236 View pdf image |
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