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June Court 1733
42 made and provided of Rob.t Pitts of Accomack County in the Colony of Virginia of a plea of Trespass upon the Case &c And whereupon the said William Whight by Robt Jenkins Henry his Attorney Complaineth that Whereas the afs.d Patrick Connelly after the first Day of May in the Year of our Lord God one thousand seven hundred and five (to witt) the Thirteenth day of June which was in the Year of our Lord God one thousand seven hundred and thirty two Somerset County within the Jurr of this Court did Draw his Certain note in writing Called a Promissary note with his proper hand subscribed bearing Date the same Day and year last mentioned and that note unto the afs.d Rob.t Pitts then and there did Deliver by which same note the same Patrick did promise to pay unto the same Rob.t one thousand pounds of good Merchantable Pork by Reason thereof as also by force of the Statute in Such Case lately made and provided the Same Patrick became Lyable to pay unto the said Robert the afs.d one thousand pounds of Pork According to the Tennour of the Note aforesaid and so being Lyable the afs.d Patrick in Consideration thereof Afterwards to witt the Tenth day of July and year afs.d at Somerset County afs.d and within the Jurr afs.d upon himself did assume and unto the said Rob.t then and there faithfully did promise to pay unto the sd same Rob.t the afsd one thousand pounds of Pork According to the Tennor of the Note afsd and the afs.d William further sayth that the afs.d Rob.t after the Making of the Note afsd to Witt on the Twelfth day of March one thousand seven hundred and thirty three at Somerset County afs.d the afsd one thousand pounds of Pork or any part thereof was satisfyed as by his writing of assignment from under the hand of the said Rob.t did assigne and Make over unto the afs.d William White the note afs.d and the Pork therein Mentioned whereof the said Patrick then and there had Notice by Reason whereof and by force of the Acct of Assembly in such Case made and Provided Action Accrewed to the afsd William to have and Require from the afs.d Patrick the afs.d one thousand pounds of Pork Nevertheless the afs.d Patrick his promise and assumption afsd not Regarding but Minding and fraudulently Intending the same W.m in this part Craftilly and Subtilly to deceive and Defraud the afs.d one thousand pounds of Pork hath not paid altho the same by the said William afterwards to witt the Same Day and year last mentioned at Somerset County afs.d within the afsd Jurr ye afs.d Patrick was Required but that unto him to pay altogether hath Refused and still doth Refuse to the Damage of the same William of two thousand pounds of Like Pork and thereof he brings suit &c pledges Depros Jno Doe And whereupon the said Patrick Connelly in his own proper person R Roe Comes and Defends the force and Injury when &c and saith that he Cannot Gainsay the Action afs.d of the afs.d Wm White nor Can he say but that he did assume upon himself in manner and form as the afs.d William above against him hath Complain'd and as to the Damage of the same Will.m by him by Occasion of the premises in that part sustained the said Patrick says and Confesseth that the afs.d |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 42b View pdf image |
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