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November Court
1733 86 County aforesaid within the Jurisdiction of this Court was Indebted to the said James in the quantity of Nine hundred and sixty three pounds of tobacco for so Much tobacco for the said Philip at the request of the said Philip by the said James before that time paid and Expended and the said Philip being so thereof Indebted on Consideration thereof upon himself did assume and to the said James then and there faithfully promise that he the said Philip the afd nine hundred and sixty three pounds of tobacco when he should be afterwards thereto required would well and faithfully pay and Content Nevertheless the said Philip his promise and assumption afd in Manner and form afd made not regarding but minding and fraudulently intending the afd James in that part Craftily and Subtilly to Deceive and defraud the afd nine hundred and sixty three pounds of tobacco or any part thereof to the afd James hath not hitherto Contented or payd but the Same to pay to the said James hath altogether refused and the same to the said James to pay still doth refuse and unjustly deny altho the same to doe the afd Philip afterwards Viz.t on the first day of August Anno Dom seventeen hundred and thirty three at Somrst County within the afd Jurisdiction and often afterwards was thereto required Whereupon the same James says he is worse twelve hundred pounds of tobacco and thereof he brings suit &a pledges &a Jno Doe Richd Roe Whereupon the said Philip Taylor in his own proper person appears and thereupon the said Philip Taylor at the prayer of the afd James Dickerson by his attorney afd is adjudged to give Speciall bail to the action afd thereupon a Certain Hutton Hill of Somerset County planter present here in Court undertakes for the said Philip Taylor that if in Case the said James Dickerson should recover Judgment against the said Philip Taylor in the plea afd or that the said Philip Taylor Should be there in Convict that then he the said Philip Taylor should pay the Condemnation of the Court thereupon or render his body to the Custody of the sher of Somerset County in Satisfaction thereof or that he the said Hutton Hill will do the same for him &a afterwards the said Hutton Hill herein Court prays that the afd Philip Taylor may be Committed into the Custody of the sher of Somerset County and he discharged from the bail peice afd thereupon the said Hutton Hill is discharged from the bail peice afd and the said Philip Taylor is Committed into the Custody of the sher of Somerset County there to remain &a the said Sherr to witt Joshua Caldwell Gent being present took Charge of the said Philip Taylor accordingly Whereupon the said Philip Taylor in Custody as afd in his proper person Comes and defends the force and Injury when &a and Saith that he Cannot gainsay the action afd of the afd James Dickerson nor can he say but that he did assume upon himselfe in manner and form as the afd James above against him hath Complained and as to the damages of the same James by him by Occasion of the premises in that part Sustained the said Philip Saith and Confesseth that the afd James has Sustained damage by occasion of the premisses further than his Costs and Charges by him about his suit in that part apposed to nine hundred and Sixty three pounds of tobacco and not more and because the afd James denyes not this but the same allegation Confesseth to be true prays Judgment and those damages above |
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Somerset County Judicial Records, 1733-1735
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