Volume 851, Page 275b View pdf image |
November
Court
1736 275 of tobacco and therefore he bringeth suit &c And doth bring here into Court the writing Obligatory afd which the debt afd in form afd testifies the date whereof is the same day and year afd &c Pledges &c Jno Doe R Roe And the afd William Kitchen by William Goldsborough his attorney Cometh ^and^ defendeth the force and Injury when &c and saith that he Cannot gainsay the action afd of the afd John nor Can he say but that the writing Obligatory afd is the deed of the same William nor but that he Owes the same John the afd forty three pounds tenn shillings and eight pence sterling in manner and form as the afd John first above against him hath declared wherefore of the same John prays Judgmt for his debt afd and his damages sustained by Occasion of the detaining of the same debt to him to be adjudged &c Therefore it Considered by the Court here that the said John Golloway recover against the afd William Kitchen his debt afd and his damages sustained by Occasion of the detaining of 277 the same debt to Two hundred and Seventy Seven : pounds of tobacco to the same John of his assent by the Court here Adjudged and the afd deft in Mercy &c
unjustly detains &c And whereupon the said Thomas by Francis Allen his attorney saith that whereas the said Patrick the twentieth day of March Anno Dom seventeen hundred and thirty five at the County of Somerset afd within the Jurisdiction of this Court by his certain writing obligatory which the said Thomas with the seal of the said Patrick signed hereinto ^Court^ brings the date whereof is the same day and year did acknowledge himself to be bound unto the said Thomas in the afd four thousand and seventy and six pounds of good sound Merchantable tobacco and Cask to be paid unto the said Thomas when he should be thereunto required yett the said Patrick tho' often required the said four thousand and seventy and six pounds of good sound Merchantable tobacco and cask to the said Thomas hath not rendred but the same to him hitherto to render hath denyed and still doth deney and unjustly detain to the damage of the said Thomas of three thousand pounds of tobacco And thereupon he brings suit &c Pledges &c Jno Doe R Roe And the afd Patrick Connelly by Robert Jenckins Henry his attorney Cometh and defendeth the force and Injury when &c and saith that he Cannot gainsay the Action afd of the afd Thos nor Can he say but that the writing Obligatory afd is the deed of the same Patrick nor but that he Owes the same Thomas the afd forty thousand and seventy and six pounds of good sound Merchantable tobacco in manner and form as the afd Thomas above against hath declared wherefore the Same Thomas prays Judgt for his debt afd and his damages sustained by occasion of the detaining of the Same debt to him to be adjudged &c Therefore
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Volume 851, Page 275b View pdf image |
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