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Somerset County Judicial Records, 1737-1738
Volume 859, Page 30b   View pdf image
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    March Court               1736                30

following      Somerset County ss.t  Joseph Macclester Late of Somerset County Gent otherwise Called Joseph
MccClester of Somerset County Gen.t was sumoned to answer unto Richard Gildart Esq.r of a plea
that he Render unto him the sum of four thousand two hundred and thirty three pounds of good sound
Merchantable Leave tobacco and Cask 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 Joseph the twenty fourth day of November Anno Dom seventeen hundred thirty and five at Somerset
County af.d within the Jurisdiction of this Court by his certain writing obligatory had granted
himsef to be bound unto the af.d Richard in the af.d sum of four thousand two hundred thirty and three
pounds of good sound merchantable leaf tobacco and Cask to be paid unto the af.d Richard when
thereunto afterwards he should be required  Nevertheless the af.d Joseph (altho
often required) the af.d four thousand two hundred thirty and three pounds of good sound
Merchantable leaf tobacco and Cask or any part thereof unto the af.d Richard yet hath not
paid but that unto him hitherto to pay altogether hath refused and still doth refuse to the
damage of the same Richard eight thousand pounds of like tobacco and Cask 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 doth testify the date whereof is the same day and year af.d &c   Pledges &c Jno Doe & R Roe

    And the aforesaid Joseph MccClester by William Beckingham his attorney Cometh and defendeth the
force and Injury when &c and saith that he Cannot deny the action afd of the afd Richard Gildart nor
can he say but that the writing afd is the deed of the Same Joseph nor but that he oweth the Same
Richard the afd four thousand two hundred and thirty three pounds of tobacco in manner & form as the
aforesaid Richard above against him declared

          Therefore it is Considered that the aforesaid Richard Gildart recover against
the afd Joseph Macclester his debt afd and his damages by Occasion of the detention of the
368   Same debt to Three hundred and ninety                                 pounds of tobacco to the same
Richard of his assent by the Court here adjudged and the afd Joseph in mercy &c


WG  The Same
             @
WB  The Same
 Command was given to the Coroners of Somerset County that they
should take Joseph Macclester Late of Somerset County Gent if he Should be
found in their bailywick and him Should safe keep so that he might have his
body before the Justices of his Lordships County Court of Somerset to be held in the Court house at dividing ^Creek^
in the same County the third Tuesday of November ann Dom One thousand seven hundred and thirty six
                                                                                                                                                          to


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Somerset County Judicial Records, 1737-1738
Volume 859, Page 30b   View pdf image
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