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August Court
1735
77 Gent present here in Court in his proper person and undertook for the same Thomas Fletcher & assumed upon himselfe (Likewise the said Thomas Fletcher present here in Court as afd assumed upon himselfe) that if in Case the said John Kendall should recover Judgment on the plea afd against the said Thomas Fletcher or that the said Thomas Fletcher should be therein Convict that then he the said Thomas Fletcher shall pay the Condemnation of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriffe of Somerset County in Satisfaction thereof or that he the said William Beckingham will do the Same for him &a Whereupon the said Thomas Fletcher by William Beckingham his attorney Cometh & defendeth the force and Injury when &.a and prays Leave thereof to Imparle hereuntill next Court & he hath it and the Same day is Given to the afd John here also &a Att which said next Court to witt the Seventeenth day of June Anno Dom One thousand Seven hundred & thirty five Came againe as well the afd John Kendall as the afd Thomas Fletcher by their attorneys afd and whereupon the Same Thomas prays further Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is given to the aforesaid John here also &.a Att which said next Court to witt the Ninteenth day of August Anno Dom one thousand seven hundred & thirty five Came againe as well the afd John Kendall as the aforesaid Thomas Fletcher by their attorneys afd and whereupon the said Thomas Fletcher as before defends the force and Injury when &.a and saith that he did not assume upon himselfe in manner and form as the afd John above against him hath Complained and of this he puts himself upon the Country &a and whereupon the aforesaid Thomas Fletcher relinquisheth his verification afd by him above alledged and Saith that he Cannot gainsay the action afd of the aforesaid John Kendall nor Can he say but that he did assume upon himselfe in manner and form as the aforesaid John Kendall above against him hath Complained and as to the damage of the same John the Same Thomas saith and Confesseth that the afd John hath Sustained damages by occasion of the premisses beyound his Costs and Charges by him about his suit in that part apposed to One thousand pounds of tobacco and not more and because the afd John denyes not this but the Same allegation Confesseth to be true prays Judgmt for those damages above Confessed together with his Costs and Charges afd ^to [illegible]^ adjudged &a Therefore by Consent of the parties afd it is Considered by the Court here that the afd John Kendall recover against the afd Thomas Fletcher his damages afd to the afd One thousand pounds of tobacco in form afd Confessed as also three hundred & Eleven pounds of tobacco for his Costs & Charges afd to the same Jno Kendall of his assent by the Court here adjudged with stay of Exn untill the Last day of November Court Next & ye afd deft in Mercy &a |
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Somerset County Judicial Records, 1735-1737
| Volume 851, Page 77c View pdf image |
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