Volume 846, Page 88 View pdf image |
November
Court
1733
88
Bowdine Executor of the testament and Last Will of John Bowdoin of a plea of trespass upon the Case &a And Whereupon the Same George and Peter by George Douglas their attorney Complain that Whereas the said James Mills in his Life time vizt on the first day of may Anno Dom Seventeen hundred Eight at Somerset County aforesaid within the Jurisdiction of this Court was indebted to the said George and John in the life time of the said John in the sum of twenty one pounds Eig^h^teen shillings Current money of this province for the like Quantity of Money by the said George and John for the said James at the Request and Special Instance of the said James paid and Expended and the said James being so thereof Indebted on Consideration thereof upon himself did assume and to the said George and John then and there faithfully promise that he the said James the aforesd sum of twenty one pounds Eighteen Shillings when he should be afterwards thereto required would well and faithfully Content and pay Nevertheless the aforesaid James in his Life time and the aforesaid Thomas since the Death of the said James the promise and assumption afd of the Said James in his Life time in Manner and form aforesaid made litle regarding but plotting and fraudulently intending and Each of them plotting and fraudulently Intending the said George and John in his lifetime and the said Peter since the death of the said John Craftilly and Subtilly to deceive and defraud the said twenty one pounds Eighteen Shillings to the said George or to the said John in his Life time have not Contented or paid nor Either of them hath Contented or paid altho' the Same to do the said James in his Life by the said George and the said John in his Lifetime afterwards viz.t on the day and year Last mentioned at Somerset County afd within the afd Jurisdiction and often afterwards required and the said Thomas Likewise the Same to do by the said George and the said Peter Since the death of the said John afterwards vizt on the first day of September Anno Dom Seventeen hundred and Twenty three at Somerset County afd within the afd Jurisdiction was required but the same to the said George and John in his Lifetime or the said George and Peter since the death of the said James in his Life time and the said Thomas since the death of the said James have refused to pay and the same to the said George and peter to pay the same Thomas Still refuses and denyes whereupon the said George and Peter say they are damnified forty pounds Currant mony and thereof they bring suit &a Jno Doe pledges R Roe Whereupon the said Thomas Wise administrator as afd in his proper person Comes and defends the force and Injury when &a and Says that he Cannot Gainsay the action afd of the afd George and Peter nor Can he Say but that the afd James Mills in his Life time did assume upon himselfe in Such manner and form as the afd George and Peter above against him Complained and as to the damage of the same George and Peter by them by Occasion of the premisses in that part Sustained saith and Confesseth that the afd George and Peter hath sustained damages by Occasion of the premises further than their Costs |
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Volume 846, Page 88 View pdf image |
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