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August Court
1732
28 238 thousand two hundred and Seven pounds of tobacco to the said John altho' the Same to do the said Benjamin by the said John on the aforesaid first day of december in the Year aforesaid and often afterwards at Somerset County aforesaid within the Jurisdiction aforesaid 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 is worse and hath damage to the Value of ^two^ thousand four hundred pounds of tobacco & thereupon he brings this Suite &c Pledges &c Jno Doe & Rich.d Roe
A Copy of the foregoing declaration and account were made to be Served on the Said Benjamin in Custody as aforesaid and further day is given ^to^ the said Benjamin in Custody as afd untill next Court and the Same day is Given to the aforesaid John Purnall here also &c Att which said next Court to witt the fifteenth day of August Anno Dom One thousand Seven hundred and thirty two Came againe as well the aforesaid John Purnall by his attorney aforesaid as the aforesaid Benjamin Sharpe in Custody as aforesaid and thereupon the said Benj.a as before defends the force and Injury when &c and says that he did not assume in manner and form as the said John in manner and form as the said John above against him hath declared and of this he putts himselfe upon the Country and the plft Likewise Whereupon the aforesaid Benjamin sharp is discharged by the aforesaid John Purnall from the Committm.t afd &c thereupon the said Benjamin sharp Relinquisheth his Verification aforesaid by him above pretended and Says that he Cannot Gainsay the action aforesaid of the the aforesaid John nor but that he did assume upon himselfe in manner and form as the aforesaid John above against him Complained and as to the damage of the Same John by him by Occasion of the premisses in that part Sustained the Same Benjamin Saith and Confesseth that the aforesaid John Sustained damages by Occasion of the premisses beyound his Costs and Charges by him about |
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