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August
Court 1735
75 Answer unto William Camplin of a plea of trespass upon the Case &.a And whereupon the said William Camplin by Robert Jenckins Henry his attorney Complaineth that whereas the afd William Kitchen after the first day of may anno Dom One thousand seven hundred and five to witt the twenty fifth day of august and year of Our Lord One thousand Seven hundred & thirty four at Somerset County within the Jurisdiction of this Court made his Certain note in writing Called a promisory note with his own proper hand ^thereunto^ Subscribed bearing date the same day and Year Last abovesaid which same note the afd William Kitchen to the afd William Camplin then and there did deliver and by the same note did promise to pay to the aforesaid William Camplin by the name of Capt William Camplin or order the Sum of thirty One pounds Sixteen Shillings and ten pence sterling (as by the same note here into Court brought may appear) and by reason thereof as also by force of the statute in that Case Lately made and provided the Same William Kitchen became Chargable to pay to the same William Camplin or Order the aforesaid thirty One pounds Sixteen Shillings and ten pence sterling according to the tenor of the Same note and the said William Kitchen being so thereof Chargable in Consideration thereof afterwards to witt the same day and Year Last afd at somerset County aforesaid within the Jurisdiction afd upon himselfe did assume and to the same William Camplin then and there faithfully did promise that he the aforesaid William Kitchen the afd thirty one pounds sixteen shillings and ten pence Sterling unto the said William Camplin he would well and faithfully pay and Content and altho' the said William Kitchen four pounds and ten pence sterling parcell of the Same thirty One pounds sixteen shillings and ten pence sterling he hath since paid and satisfied Nevertheless as to twenty seven pounds sixteen Shillings Sterling reside of the afd thirty One pounds sixteen shillings and ten pence sterling the said William Kitchen his promise and assumption afd in form afd made nothing regarding but plotting and fraudulently Intending the same William Camplin in that part Craftilly and Subtilly to deceive and defraud the the said twenty seven pounds Sixteen shill.s sterling nor any penny thereof to the said William Camplin hath paid or him for the Same in any sort Contented altho' the said William Kitchen afterwards to witt the same day and Year afd and often afterwards at the County afd and within the Jurisdiction aforesaid by him the said William Camplin was thereunto requested but the Same William Kitchen the same to pay hitherto altogether hath refused and still doth refuse and deny whereby the Same William Camplin saith he is the worse and hath damage to the Value of fifty pounds sterling and thereupon he bringeth suit &a pledges &a Jno Doe R Roe Att which said third Tuesday of August to witt the Ninteenth day of the same month ann.o Dom one thousand seven hundred and thirty five being the day of the Return of the same writt Cometh the Same William Camplin by his attorney afd and the Sheriff of Somerset County to whom the foregoing writt was directed Likewise Cometh and maketh Return thereof to the Court here Endorsed in these words Following Cepi Corpus declaration delivered in time p Joseph MccClester sher Whereupon a Certain Thomas Gray of Somerset County Mercht Came hereinto Court in his proper person and undertook for the Same William Kitchen and assumed upon himselfe (likewise the said William Kitchen assumed upon himselfe) that if in Case the Said William Camplin should recover Judgm.t |
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| Volume 851, Page 75b View pdf image |
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