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Somerset County Judicial Records, 1733-1735
Volume 846, Page 271b   View pdf image
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March Court               1734                271

that the afd John Lenan recover against the afd Robert Dias his debt afd and her damages by
308   Occasion of the detaining of the same debt to three hundred & Eight
pounds of tobacco to the Same John of his assent by the Court here adjudged and the afd defendt in mercy
&a   Whereupon the Said Robert Dias prays the Justices here that they will hear and determine
the dispute in the foregoing action between him and the afd John Lenan according to the rules of Equity
and good Conscience according to act of assembly in Such Case made and provided &a which is Granted
&a


WB  Isaac Handy
              @
GD  Henry Toadvine
 Somerset County sst    Henry Toadvine late of Somerset County planter
was attached to answer unto Isaac Handy of a plea of trespass upon the
Case &.a   
                And Whereupon the same Isaac by William Beckingham his
Attorney complaines that whereas on the first day of September in the Year of Our Lord one
Seventeen Hundred and thirty three at Somerset County a certain Communication
was had and moved between the af.d Isaac Handy the af.d Henry of and Concerning y.e
sale of Eighteen Barrels of pork by the af.d Henry to the af.d Isaac upon which Communication
the af.d Henry then and there for and in Consideration of one negro
Slave by him the said Isaac to him the said Henry delivered did bargain and sell
to the same Isaac for the proper use of the said Isaac the af.d Eighteen Barrels of pork
and then and there by bargaining did Warrant and affirm that the af.d Eighteen
Barrels of pork were sound & Merchantable and in merchant like manner pack'd
and Stow'd  And the af.d Isaac further saith that at the time of the af.d Sale & warranty
af.d the af.d Eighteen barrels of pork were not sound merchantable and in merchant
like manner pack'd and Stow'd but so Carelessly loosely and in so unmerchant like
manner pack'd and Stow'd that the af.d Isaac the use profit and benefit of ye pork af.d
did loose and so the af.d Henry (the af.d Isaac) giving Credit to and relying upon the probity
and verity of the said Henry) against the form of his warrant and affirmance af.d then
and there falsly and fraudulently did deceive  And whereas also afterwards to wit the
day and year af.d at the County af.d the same Henry for one other negro Slave to him in
hand delivered by the same Isaac did deliver and pay to the said Isaac Other Eighteen
Barrels of pork and by bargaining did Warrant and affirm that the same Eighteen
Barrels of pork were sound merchantable and in merchant like manner pack'd and
Stow'd whereas in fact the af.d Eighteen barrels of pork were not sound merchantable
and in merchant like manner pack'd and Stow'd but so Carelessly loosely and in
so unmerchant like manner pack's and Stow;d that the af.d Isaac the use profit &
Benefit of the pork af.d did loose and so the af.d Henry the af.d Isaac giving Credit
to the last mentioned warranty of the af.d Henry then and there falsely and
fraudulently did deceive wherefore the same Isaac saith that he is ye worse & hath
damage to ye value of twenty pounds and thereof he brings suit &.a   Jn.o Doe
                                                 W.m Beckingham p Quer ple &.a         &
                                                                                                       Ric.d Roe


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 271b   View pdf image
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