Volume 846, Page 168b View pdf image |
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June Court
1734 168 the Case &a And whereupon the Samuel by Robert Jenckins Henry his attorney Complaineth that whereas the aforesaid Patrick the thirtieth Day of November Ann Dom seventeen hundred and thirty three at Somerset County aforesaid within the Jurisdiction of this Court was Indebted to the said Samuel in the Quantity of three thousand pounds of Tobacco (as by an account hereinto Court may appear) and being so thereof Indebted the Day and Year aforesaid at the place aforesaid and Within the Jurisdiction aforesaid in Consideration thereof upon himself Did Assume and to the Said Samuel then and there Did faithfully promise that he the said Patrick the aforesaid three thousand pounds of Tobacco to the said Samuel when he Should be thereunto requested he would well and faithfully pay and Content Nevertheless the said Patrick his promise and assumption aforesd in form aforesaid Made Nothing regarding but Plotting and fraudulently Intending the said Samuel in that part Craftily and Subtilly to Deceive and Defraud the said three Thousand pounds of Tobacco to the said Samuel (altho' the same to do the said Patrick by the said Samuel on the aforesaid thirtieth Day of November in the Year aforesd and Often afterwards at the County aforesaid he was thereunto requested) hath Not paid or Contented but the same to him hitheto to pay or Content hath refused and Still Doth refuse and Deny Wherefore the Said Samuel Saith that he is the worse and hath Damage to the Value of six thousand pounds of Tobacco and thereupon he brings Suit &a pledges &a Jno Doe & R Roe 1733 Patrick Burk Sadler Dr p Contra Crd 1200 To Tobacco Ordered to You in the sheriffs hands 3000ll Tob his Errors Excepted p Samuel S Riggen mark Somerset County Court June 20.th 1734 Samuel Riggin Makes Oath on the holy Evangel^ist^ of Almighty God that the Within Account is Just and True and that he hath not Directly or Indirectly reced to his knowledge any part or parcell of the Tobacco Charged as Due by the Said Account or any security or satisfaction for the same Sworn in Open Court Test Tho.s Hayward Whereupon the said Patrick Burk in his Own proper person Came hereinto Court and thereupon the Said Patrick Burk at the prayer of the afd Samuel Riggin by his attorney afd is adjudged to Give Speciall Bail to the Action afd Thereupon a Certain William Holland of Somerset County Gent present here in Court in his proper person Undertakes for the said Patrick Burk that if in Case the said Samuel Riggin should Recover Judgement in the plea afd against the said Patrick Burk or that the said Patrick Burk should be therein Convict that then he the said Patrick Burk should pay the Condemnation of the Court thereupon or render his body to the Custody of the Sherriff of Somerset County in Satisfaction thereof or that he the said William Holland will do the same for him &a Thereupon the said Patrick Burk by George Douglas his attorney Comes and Defends the force and Injury when &a and prays further Leave thereof to Imparle Hereuntill Next Court and he hath it and the same Day is Given to the afd Samuel Herealso &a Att which said next Court to witt the Eighteenth day of June anno Dom One thousand seven hundred and thirty three came againe as well the afd Samuel Riggin as the afd Patrick Burk by their attorneys afd and whereupon the said Patrick as before defends the force and Injury when &a and says that he hath not assumed |
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Volume 846, Page 168b View pdf image |
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