Volume 851, Page 298b View pdf image |
November Court
1736
298 aforesaid and prays that the afd John Crapper to his declaration afd may answer but the same John altho' at the same day being Solemnly Called Cometh not nor says nothing in bar or preclusion of the action afd of the same Wrixham by which the Same Wrixham remaineth against the afd John therein undefended For which Cause the same Wrixham his damages by occasion of the Non performance of the promise and assumption afd against the afd Jn.o Ought to recover but because it is not known what damages the afd Wrixham has Sustained by occasion of the non performance of the promise and assumption afd therefore the Sheriffe is Commanded that by the Oath of Honest and Lawfill men of his bailywick he diligently Inquire what damages the afd Wrixham hath Sustained as well by Occasion of the Non performance of the promise and assumption afd as for his Costs and Charges by him about his suit in that part apposed and the Inquisition which there upon he should take he send to the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third Tuesday of March next under his seal and the Seals of those by whose Oath he should take the same Inquisition together with the writt thereof to him directed and the same day is given to the said Wrixham thereof &c
said George Wilcox in his life time to witt on the first day of January Anno Dom seventeen hundred and thirty three at Somerset County afd within the Jurisdiction of this Court was Indebted to the said Duncan in the sum of thirty five pounds fourteen shillings and nine pence Currt money of Maryland for sundry goods and Merchandise by the said Duncan to the said George in his life at the especiall request and of the said George before that time sold and delivered and sundry other matters and things properly Lying in account as by an accot hereto annexed may appear and so being thereof Indebted in Consideration thereof afterwards to witt the day and year aforesaid at the County afd upon himselfe did assume and to the said Duncan then and there faithfully promise that he the said George Wilcox the said thirty five pounds fourteen Shillings and nine pence Curr.t money when he should be afterwards thereof required he would faithfully pay and Content and altho' the said George in his Life time did pay to the said Duncan twenty four pounds seven shillings and Seven pence part of the said thirty five pounds fourteen Shillings and nine pence Currt money Nevertheless as to Eleven pounds Seven shillings and two pence Curr.t money afd residue of the said thirty five pounds Fourteen Shillings and nine pence the said George in his Life time his promise and assumption afd in form afd made nothing regarding but minding and fraudulently intending |
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Volume 851, Page 298b View pdf image |
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