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Somerset County Judicial Records, 1733-1735
Volume 846, Page 195   View pdf image
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           August Court                                  1734              195

FA  WB  Mr Thomas Fletcher
                             @
pse    Thomas Newbold
 Command was Given to the sher of Somerset County that he should
take Thomas Newbold late of somerset County planter if he should
be found in his bailywick and him should safe keep so that he might
have his body before the Justices of his Lordships County Court of Somerset
to be held at dividing Creek the third Tuesday of August then Next to answer unto Thomas Fletcher
of a plea of trespass upon the Case &.a and that thereof he should not fail &.a

       And the said Thomas Fletcher by Francis Allen his attorney Complains against the said
Thomas Newbold in the plea aforesaid as followeth viz.t

Somerset ^County^ ss.t   Thomas Newbold late of Somerset County planter was attached to
                answer unto Thomas Fletcher of a plea of trespass upon the case &.c

And Whereupon the s.d Thomas Fletcher by Francis Allen his attorney Complains that
whereas the s.d Thomas Newbold after the to first day of May Seventeen hundred and five
to witt on the ninth day of July Seventeen hundred and thirty two at Somerset County within
the Jurisdiction of this Court made his certain note in writing Called promissary note with
his proper hand Subscribed bearing date the same day and year last Mentioned and the same
Note to the s.d Thomas Fletcher then and there delivered by which s.d note the s.d Thomas
Newbold did promise to pay to the s.d Thomas Fletcher four thousand pounds of sound
Merchantable leaf tobacco and Eight p Cent Interest for the same in cash within a year and a
day of the date of the s.d note and by reason thereof as also by force of the Statute in that
Case lately made and provided the s.d Thomas Newbold became Chargeable to pay to the s.d
Thomas Fletcher the s.d sum of Tobacco and Interest at Eight p Cent in Cash according to
the tenor of the s.d note and so being Chargeable the s.d Thomas Newbold in Consideration
thereof afterwards to witt the af.d ninth day of July Ann Dom Seventeen hundred and
thirty two af.d upon himself did assume and to the s.d Thomas Fletcher then and there did
faithfully promise that he the s.d Thomas Newbold the s.d sum of Tobacco and Interest at
Eight p Cent in cash according to the tenor of the s.d note to the s.d Thomas Fletcher when
he should be thereunto requested he would well and faithfully pay and Content  Nevertheless
the s.d Thomas Newbold his promise and assumption af.d in form af.d made nothing regarding
but plotting and fraudulently Intending the s.d Thomas Fletcher in that part Craftily
and Subtilly to deceive and defraud the s.d four thousand pounds of Tobacco and Eight p
Cent Interest for the same within a year and a day of the date of the s.d note to the s.d Thomas
Fletcher tho often thereunto requested hath not paid or Contented but the same to him
hitherto to pay hath refused and still doth refuse and deny to the damage of the said
Thomas Fletcher of Eight thousand pounds of tobacco   And thereupon he brings Suit &.c
                                                                                      pledges &.c  Jn.o Doe & R.d Roe

A Copy of the foregoing declaration was made and sent to be served on the Defend.t with the
writt in the plea af.d according to act of Assembly in such case made and provided
Att which said third tuesday of August to witt the twentieth day of the same month ann
Dom one thousand seven hundred and thirty four being the day of the return of the same
writt came the said Thomas Fletcher by his attorney af.d and the Sherriff of Somrset
County to whom the foregoing writt was directed   Likewise came and made return thereof to
the Court here in these words Endorsed Cepi Corpus declaration in time was delivered p
Jos MClester Sherriff
                                                                                                             (whereupon)


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 195   View pdf image
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