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November Court
1736
287 to the said Littleton in the sum of Eighteen hundred pounds of tobacco for the like quantity of tobacco by the said Littleton for the said John and at the especiall request and Instance of the said John before that time paid and being so thereof Indebted on Consideration thereof afterwards to wit the day and year afd at the County afd and within the afd Jurisdiction upon himself did assume and to the said Littleton then and there faithfully promise that he the said John the said eighteen hundred pounds of tobacco to the said Littleton when he should be afterwards thereof required well and faithfully he would pay and Content Nevertheless the said John his promise and assumption afd in form afd made nothing regarding but minding and fraudulently intending the said Littleton in that part craftily and subtilly to deceive and defraud the said eighteen hundred pounds of tobacco to the said Littleton hath not paid or him for the same in any sort Contented but the same to him to pay hitherto hath altogether refused and still doth refuse altho thereto afterwards to wit on the second day of september afd in the year but at the County afd and often since that time by the said Littleton required whereupon the said Littleton says he is damnifyed three thousand pound of tobacco and thereof he bring suit &c Pledges &c Jno Doe R Roe Whereupon the said John Bishop present here in Court in his proper person is at the prayer of the aforesaid Littleton by his attorney afd is adjudged to give Special bail to the action afd Thereupon a Certain Davis of Somerset County planter present herein Court in his proper person undertook and assumed upon himself (Likewise the said John BIshop present herein Court as afd assumed upon himselfe) that if in Case the said Littleton Townsend should recover Judgment in the plea afd against the said John Bishop or that the said John Bishop should be therein Convicted that then he the said John Bishop should pay the Judgment of the Court thereupon or render his body ^in Execution of such Judgmt^ of the & sheriff of Somerset County in Satisfaction thereof or that he the the said Davis will do the same for him And thereupon the said John Bishop by Francis Allen his attorney Comes and defends the force and Injury when &c and prays Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is given to the aforesaid Littleton here also &c Att which said next Court to witt the seventeenth day of August anno Dom One thousand seven hundred and Thirty Six Came againe as well the afd Littleton Townsend as the aforesaid John Bishop by their attorneys afd and whereupon the said Littleton Townsend prays that the said John Bishop to his declaration afd may answer but the said John Bishop at the same day altho solemnly Called Cometh not nor saith nothing in Barr or preclusion of the action afd of the afd Littleton by which the same Littleton remaineth against the afd John thereof undefended |
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Somerset County Judicial Records, 1735-1737
| Volume 851, Page 287 View pdf image |
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