Volume 846, Page 19 View pdf image |
June Court 1733
(19) of the province of Pensilvania of the Value of one hundred and thirty three pounds six shillings and Eight pence Currt Mony of Maryland and that at Somersett County aforesaid And this the said Edwd is Ready to Verifye and prays that he may be admitted to Discount the Same against the seventy five pounds Currt Mony of the province of Pensilvania by the Condition of the above obligation passed by him the said Edwd to the said Rob.t due and payable to him the said Rob.t according to the form force and Effect of an Act of assembly of this province now in force in such Cases lately Made and provided and thereupon the said Edwd prays Judgm.t if the said Wm Allen Assignee of Thos Budd who was assignee of the said Robt Atkins his Action afores.d thereupon against him the said Edw.d to have and Maintain ought &ca And the afs.d William Allen Assignee as afs.d saith the plea afs.d of the af.d Edwd in Manner and form afores.d pleaded and the Matter in the same Contained are altogether Insufficient in Law and that he thereto hath no need or by the Law of the Land is in any sort held to answer wherefore for want of a sufficient plea in this Case the same William Allen assignee as afs.d prays Judgment and his Debt afs.d together with his Damages occasioned by the Detention of him that Debt to him to be Adjudged &ca And the aforesaid Edwd Round saith that the plea aforesaid in Manner and form afs.d pleaded & the Matter in the same Contained are good and sufficient in Law the afs.d Wm Allen from having and Maintaining his Action afs.d agst him to preclude which he is ready to Verifye which Same Matter the afs.d William hath not Gainsayed nor to the same in any Sort hath occasioned wherefore as before he prays Judgm.t and that the afs.d William Allen from having his action af.d against him may be precluded &c.a Whereupon all and Singular the premises by the Court here being seen heard and diligently Inspected and fully understood and mature deliberation thereupon had it seemeth to the Court here that the plea afd in manner and form afd above pleaded and the Matter in the Same contained is not Sufficient in the Law to the afd William Allen assignee as afd of his action afd thereof against the Same Edward to have and preclude Therefore it is Considered that the afd William Allen assignee as afd recover against the afd Edward Rownd his debt afd and his damages Sustained by Occasion of the detaining of 483 the same debt to four hundred Eighty three pounds of tobacco to the same William of his assent by the Court here adjudged and the afd deft in mercy &c Whereupon the same Edward Rownd by his attorney afd prays that ^he^ may have a hearing in Equity on the Judgm.t afd Rendered against him on the part of the afd William Allen assignee as afd which is granted to him he giving security according to act of assembly in |
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Volume 846, Page 19 View pdf image |
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