Volume 846, Page 120b View pdf image |
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March Court
1733
120 against him hath declared wherefore the same Levin prays Judgm.t for his debt afd and his damages sustained by Occasion of the detaining of the same ^debt^ to him to be adjudged &a Therefore it is Considered that the afd Levin Gale recover against the afd George Wilcox his debt afd and his damages Sustained by Occasion of the detaining of the same debt to Two hundred & seventy 274 four pounds of tobacco to the same Levin of his assembly by the Court here adjudged & the afd George in Mercy &a
whereas the said Henry the twenty seventh day of September anno Dom one thousand Seven hundred & thirty One at Somerset County afd within the Jurisdiction of this Court was Indebted unto the said John in three pounds five shillings Curr.t ^money^ and Five hundred and thirteen pounds of Tobacco and being so thereof Indebted the said Henry in Consideration thereof the day and year afd at the County afd within the Jur afd upon himself Did assume and to the said ^John^ then and there Did faithfully promise that he the said Henry the aforesaid three pounds five shillings Cur money and five hundred and thirteen pounds of Tobacco to the said John when he should be thereunto Requsted he would well and faithfully pay and Content yett Nevertheless the said Henry his promise and assumption afd in form afd made nothing Regarding but plotting and fraudulently Intending the said John in that part Craftilly and Subtilly to Decieve and Defraud the said three pounds five shillings & five hundred and thirteen pounds of Tobacco to the said John although the same to do the said Henry by the said Jno on the day and Year afd and often afterwards at Somerset County afd within the Jur afd was thereunto Requested hath not paid or Contented but the same to him hitherto to pay hath Refused and still doth refuse and Deny whereupon the said John saith he is Worse and hath Damage to the Value of six pounds tenn shillings Curr.t money and one hundred & thirteen p.ds of tob.o and thereupon he brings Suit &a Pledges &a John Doe & R Roe And the said Henry Smith in his proper person Cometh and defendeth the force and Injury when &a and says that he Cannot Gainsay the action afd of the afd John Horsey nor Can he say but that ^he^ the said Henry Smith did assume upon himselfe in manner and form as the afd John above against him hath Complained and as to the damage of the same John by him by Occasion of the premisses in that part Sustained the said Henry Saith and Confesseth that the afd John has Sustained damages by Occasion of the premisses further then his Costs and Charges by him about his Suit in that part apposed to three pounds five shillings Currt money and five hundred and thirteen pounds of tobacco and nor more and because the afd John denys not this but the same allegation Confesseth to be true prays Judgmt for those damages above Confessed together with his Costs and Charges afd to him adjudged &a Therefore by Consent of the parties afd it is Considered that the afd John Horsey Recover against the afd Henry Smith his damages afd ^to^ the afd three pounds five shillings Currant |
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Volume 846, Page 120b View pdf image |
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