Volume 859, Page 17b View pdf image |
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March
Court
1736
17 thereof afterwards he should be required Nevertheless the af.d William Wye altho often required the af.d sum of Merchantable tobacco or any part thereof unto the af.d Rich.d hath not paid but that unto him hitherto to pay altogether hath refused and still doth refuse to the damage of the same Rich.d thirty thousand pounds of ^like^ tobacco and thereupon he brings suit &c and doth bring here into Court the writing obligatory af.d which the debt af.d in form af.d testifies the date whereof is the same day and year af.d &c Pledges &c Jno Doe & R Roe And the aforesaid William Wye by Charles Goldsborough his attorney Cometh & defendeth the force and Injury when &c and Saith that he Cannot deny the action of aforesaid of the afd Richard Gildart nor but that the writing Obligatory afd is the deed of the same William Wye nor but that he Oweth the same Rich.d Gildart the afd Twenty two thousand four hundred and fifty pounds of merchantable tobacco in manner & form as the aforesaid Richard above against him declared Therefore it is Considered that the afd Richard Gildart recover against the afd William Wye his debt afd and his damages by Occasion of the detaining of the same debt to Two hundred and Ninety Nine pounds of tobacco to the same Richard Gildart of his assent by the Court here adjudged and the afd W.m Wye in mercy &c
which unto him he oweth and unjustly detaineth &c And Whereupon the same Richard by William Goldsborough his attorney saith that whereas the af.d William Wye Jun.r the twenty first day of June Anno Dom seventeen hundred thirty and six at Somerset County af.d by his certain writing obligatory had granted himself to be bound unto the af.d Rich.d in the af.d sum of twenty two thousand four hundred and fifty pounds of merchantable tobacco to be paid unto the same Rich.d ^when thereof afterwards he should be required^ Nevertheless the af.d William Wye Jun.r altho often required the af.d sum of Merchantable tobacco or any part thereof unto the af.d Rich.d hath not paid but that unto him hitherto to pay altogether hath refused and still doth refuse to the damage of the same Richard thirty thousand pounds of like tobacco and thereupon he bringeth suit &c and doth bring here into Court the writing obligatory af.d which the debt af.d in form af.d testifies the date whereof is the same day and year af.d &.c Pledges &.c Jno Doe & R Roe And |
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Volume 859, Page 17b View pdf image |
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