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August Court
1736
242 in such Case used and approved did direct the payment of the said Six thousand four hundred and Sixty Eight pounds of tobacco in the bill afd mentioned to the afd Levin Gale being for Value rec.d which same bill so as afd assigned and the tobacco therein mentioned or any part thereof in noe sort satisfied being afterwards to witt the thirty first day of July in the Year of Our Lord One thousand Seven hundred & thirty Six at Somerset County by the afd Levin Gale ^to the afd Joseph Macclester was presented & the afd Joseph Macclester by the afd Levin Gale^ then & there was required to accept the Same Bill and to pay the afd Six thousand four hundred and Sixty Eight pounds of tobacco therein mentioned according to the tenor of the said Bill which same bill to accept or the tobacco therein Mentioned to pay to the same Joseph MaClester then and there altogether did refuse whereof the afd William Wye afterwards to witt the day and Year Last Mentioned at the County afd had notice by reason whereof as also by force of the Statute in ^such^ case made and Provided the same William Wye became and was Chargable ^to^ pay unto the afd Levin Gale the afd Six thousand four hundred and Sixty Eight pounds of tobacco in manner afd and so thereof being Chargable the afd William Wye afterwards to witt the Same thirty first day of July in the Year Last Mentioned at the County afd in Consideration thereof upon himselfe did assume and to the Same Levin Gale then and there did faithfully ^did^ promise that he the same William Wye the Same Six thousand four hundred and Sixty Eight pounds of tobacco to the Same Levin Gale when thereof afterwards the Should be required well and faithfully would Content and pay And whereas also the afd Levin Gale afterwards to witt the afd thirty first day of July in the Year of our Lord seventeen hundred and thirty six at Somerset County at the Especiall Instance & request of the afd William Wye had paid and Satisfied unto the afd John Shapleigh other Six thousand four hundred and Sixty Eight pds of tobacco he the afd William Wye in Consideration thereof afterwards to witt the day and Year Last Mentioned at the County afd upon himselfe did assume and to the Same Levin Gale then and there faithfully did promise that he the afd William Wye the afd Six thousand four hundred and Sixty Eight pounds of tobacco last mentioned or so much money as the Same tobacco should be reasonably worth when thereof afterwards he should be required well and faithfully would pay and Content and the afd Levin Gale in fact saith that the tobacco afd was reasonable worth sixty four Pounds thirteen Shillings and Eight pence whereof the said William Wye then and there likewise had notice Nevertheless the afd William Wye his severall promisses and assumption afd in no sort regarding but minding and fraudulently Intending the same Levin Gale in those parts craftily and subtily to deceive and defraud the afd six thousand four hundred and sixty eight pounds of tobacco first mentioned or the afd sixty four pounds thirteen shillings and eight pence or any part thereof to the same Levin Gale altho often thereunto particularly on the third day of august in the year afd at the County afd hath not paid or him for the same in any sort contented but the same to him to pay or for the same in any sort to content hitherto altogether hath refused and still doth refuse to the damage of the same Levin Gale ninety pounds Cur.t money and thereof he brings suit &c Pledges &c Jno Doe R Roe and |
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