Volume 851, Page 37 View pdf image |
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June Court
1735
(37) on the Eighth day of June Anno Seventeen hundred & thirty three at the County of Somrsett afores.d within the Jur of this Court made his certain note in writing called a promissory note w.th his proper hand Subscribed bearing date the day & year last mentioned and the note afores.d to the afores.d John then & there delivered by w.ch s.d Note the s.d Heber did acknowledge himself to be Justly indebted unto the s.d John the Just Sum of three thousand and thirty five pounds of Merchantable Tobacco to be paid upon demand and by reason thereof as also by force of the Statute in such Cases lately made and provided the s.d Heber became chargeable to pay to the s.d John the afores.d Sum of Tobacco according to the tenor of the s.d Note And so being chargeable the afores.d Heber afterwards to witt the afores.d Eighth day of June in the year Seventeen hundred & thirty three afores.d at Somrsett County afores.d within the Jur afores.d in Consideration thereof upon himself did assume and to the s.d John then & there did faithfully promisse that he the s.d Heber the afores.d Sum of Tobacco to the s.d John according to the tenor of the s.d Note would well & faithfully pay & Content Nevertheless the afores.d Heber his promisse & assumption afores.d in forme afores.d made nothing regarding but plotting & fraudulently Intending the s.d John in that pte craftily & Subtilly to deceive and defraud the afores.d Sum of Tobacco to the s.d John according to the tenor of the s.d Note hath not paid or Contented altho' the same to do the s.d Heber by the s.d John on the afores.d Eighth day of June in the Year last afores.d & often afterwards at the County of Somersett afores.d he was thereunto requested but the Same to him hitherto to pay hath refused and Still doth refuse and deny whereupon the s.d John Saith he is worse & hath damage to the Value of Six thousand pounds of Tobacco And thereupon he brings Suite Pledges depr Jn.o Doe R Roe A Copy of the foregoing declaration was made and Sent to be served on the defendant with the writt in the plea af.d according to act of assembly in such Case made & Provided &.c Att which said third Tuesday of June to witt the Seventeenth day of the same Month Ann Dom One thousand Seven hundred and thirty five being the day of the return of the said writt cometh the said John Purnall by his attorney af.d and the sheriffe of Somerset County to whome the foregoing writt was directed Likewise cometh and maketh return thereof to the Court here Endorsed in these words Following Viz.t Cepi Corpus declaration delivered in time P Jos: Macclester sher Whereupon the aforesaid Heber Whittingham in his own proper person cometh and defendeth the force and Injury when &.c and Saith that he cannot Gainsay the Action af.d of the af.d John Purnall nor can he say but that he did assume upon himselfe in manner and forme as the af.d John Purnall above against him hath Complained and as to the damage of the same John ^by him^ by Occasion of the premisses in that part Sustained the same Heber Whittingham saith and Confesseth that the af.d John (Purnall |
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Volume 851, Page 37 View pdf image |
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