Volume 842, Page 97 View pdf image |
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June Court
1731
97 came to witt John Scarbrough, Lewis Rigsby, Christopher Nutter, Ambross Willett, Charles Townsend John Beavins, John Owten ^John Huet Nutter^ Robert Watson, William MaClester, Jam.s Caldwell and Wm Booth who being duely Elected tryed and Sworn to Say the truth in the premisses upon their Oath doe Say that ^the said^ John Harper did assume upon himselfe in manner and form as the afd John Murray above against him hath Complained and assesed the damages of the Said John Murray by Occasion of the non performance of the promise and assumption of the Said John Harper beyond his Costs and Charges by him about his Suit in that part apposed to thirty three Shillings and four ^pence^ Currant mony and for those Costs and Charges to one pounds of tobacco And For as much as it doth appear to the Court here that the damages afd found are with^out^ the Juristicdiction of the Court so that they Can Give noe other Judgm.t then for a nonsuit &c Therefore it is Considered that the afd John Murray take nothing by his writt and declaration afd but that for his false Clamour he be thereof in mercy &.c and that the afd John Harper Goe thereof without day &c And further it is Considered that the afd John Harper Recover against the afd John Murray One thousand 1705 Seven hundred and thirty Eight pounds of tobacco for his Costs and Charges by him about his defence in that part Sustained to the Same John Harper by the Court here of his assent assent adjudged according to the form of the Statute in Such Case Lately made and provided and the afd John ^have^ thereof Ex.n &c whereupon ye said John Murray by his attorney prays a hearing in Chancery which is Granted he filing his bill
at Somerset County within the Jur of this court was Indebted unto the same Hugh in the sum of Two pounds Eighteen Shillings and four pence Curr.t money and so thereof being Indebted the said John In consideration thereof afterward to witt the same day and year afd at the County afd and within the aforesaid Jur upon himself assumed and to the same Hugh then and there faithfully did promise that when afterwards he should be thereto Required he the afd sum of two pounds Eighteen Shills and four pence currant Money to the same Hugh would well and faithfully content and pay Nevertheless the said John his promise and assumption afd in forme afd made Little Regarding butt plotting & fraudulently Intending him the same Hugh in that part Craftily and subtilly to Defraud and Deceive he the said John the afd sum of two pounds Eighteen Shilling and four pence Currant Money nor any part thereof to the Same John hath not paid or him for it in anywise contented altho the said John afterwards to witt the same day and year afd at the County afd and within the afd Jurisdiction was there to Requested by the sd Hugh but the said John the same to doe hath altogether Refused and Still Doth Refuse whereby the same Hugh says he is worse and hath Damage to the Value of five pounds Nine Shilling and Eight pence and thereof he brings this Suite L Gale P Qur pledges &.c J Doe R Roe And the aforesaid John Breedy in his Own proper person Comes and defends the force and Injury when &.c and Saith that he Cannot Gainsay the action aforesaid of the aforesaid Hugh nor Can he Say but that he did assume upon himselfe in manner and form as the aforesaid Hugh above against him hath Complained and as to the damage of the Same Hugh by him by Occasion of the premisses in that part Sustained the Same the Same John Says and Confesseth |
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Volume 842, Page 97 View pdf image |
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