Volume 842, Page 66b View pdf image |
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march
Court 1730
66
at dividing Creek the third tuesday of March then next to answer unto Joseph McClester of a plea of trespass upon the Case &.c and that thereof he Should not fail &.c And the Said Joseph MaClester by Levin Gale his attorney Complained against the aforesaid William Hopkins in the plea aforesaid as followeth viz.t Somerset fs William Hopkins Late of Somerset County Planter was attached to answer unto Joseph MccClester of a plea of trespass upon the Case &.c And whereupon the Said Joseph by Levin Gale his attorney Complaines that whereas the Said William the Second day of may ann.o Dom Seventeen hundred and tweenty Nine at Somerset County aforesaid Within the Jurisdiction of this court was Indebted unto the Said Joseph in four hundred and twenty Nine pounds of tobacco as by his Certain note here in Court produced may appear and being so thereof Indebted the Said William in Consideration thereof the day and Year aforesaid at the County aforesaid within the Jurisdiction aforesaid upon himselfe did assume and to the Said Joseph then and there did faithfully promise that he the Said William the aforesaid four hundred & twenty nine pounds of tobacco when he Should be thereunto Requested he would well and faithfully pay and Content nevertheless the Said William his promise and assumption aforesaid in form afd made nothing Regarding but plotting and fraudulently Intending the Said Joseph in that part Craftilly and Subtilly to deceive and defraud the afd four hundred and twenty nine pounds of tobacco to the Said Joseph altho' the Same to do the Said William by the said Joseph on the aforesaid Second day of may in the Year aforesaid and often afterwards 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 he is worse and hath damage to the value of Eight hundred ^& fifty Eight^ pounds of tobacco and thereupon he brings Suit L Gale P Quer Pledges &c Jno Doe R Roe A Copy of the Cause of action was made and Sent to be Left at the Last place of the above of the deft Att which Said third tuesday of of March to witt the Sixteenth day of the Same month anno Dom Dom One thousand Seven hundred and thirty being the day of the Return of the Said Writt Cometh the Said Joseph MccClester by his attorney aforesaid and Sher 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 Non est Inventus Short note Left P John Purnall sher Whereupon the aforesaid Joseph MccClester by his attorney aforesaid prays that forasmuch as he hath Complyed with the Law in order to an attachment he may have Judgmt against the Said William Hopkins by way of attachment for his damages afd according to act of assembly &.c Whereupon for that it Seems to ye Court here that the Said Joseph Macclester has Complyed with the Law as alledged Therefore it is Considered by the Court here that the aforesaid Joseph Macclester Recover against the Said William Hopkins four hundred and twenty nine pounds of tobacco for his damages by Occasion of the premisses aforesaid as all Costs and Charges by the Said plft Laid Out and 202 expended about his Suit by way of attachment against the Goods Chattells Rights or Creditts of the said William Hopkins according to act of assembly in Such Case made and provided &c
Whereupon the Said John Charles being Called appears and thereupon the Said John Charles of |
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Volume 842, Page 66b View pdf image |
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