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Somerset County Judicial Records, 1737-1738
Volume 859, Page 34   View pdf image
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                  March Court                   1736                34

pounds of tobacco unto the af.d James according to the form and effect of the bill af.d and the
same Joseph that bill then and there according to the use and Custom of Merchants did accept
and the af.d three thousand and ninety pounds of tobacco in the same bill mentioned unto
the af.d James to pay did promise by pretext of which premisses the same Joseph by the
Custom of Merchants from all the time af.d used and approved chargeable and lyable
and chargeable and lyable was to pay unto the af.d James the af.d three thousand and ninety
pounds of tobacco and so being chargeable and lyable the af.d Joseph afterward to witt the same
seventeenth day of June in the year af.d last mentioned at the County af.d in Consideration
of the premises upon himself did assume and unto the same James then and there faithfully
did promise that he the af.d Joseph the same three thousand and ninety pounds of tobacco unto
the af.d James when thereunto afterward he should be required well and faithfully would pay
and Content  Nevertheless the af.d Joseph his promise and assumption af.d nothing regarding
but minding and fraudulently intending the af.d James in this part craftily and Subtilly to
deceive and defraud the af.d three thousand and ninety pounds of tobacco or any pound thereof
unto the same James hath not paid nor for the same in any sort contented (altho to do the same
the af.d Joseph afterwards to wit the same seventeenth day of June in the ^year^ af.d last mentioned
and often afterwards at the County af.d by the af.d James was required) but that unto him
hitherto to pay or in any sort to Content altogether hath refused and still doth refuse to the
damage of the same James six thousand pounds of tobacco and thereupon he bringeth suit &c
                                                                                                             Pledges &c  John Doe & R Roe

And Whereupon the said Joseph Macclester in his proper person Comes and defends the force
and Inury when &c and saith that he Cannot deny the action af.d of the af.d James Hayes nor but
that he did assume upon himself in manner and form as the af.d James above against him hath Complained
and as to the damage of the same James by him by Occasion of the premisses in that
part sustained the same Joseph saith and acknowledgeth that the af.d James hath sustained
damages by Occasion of the premises beyond his Cost and Charges by him about his suit in that part
apposed to three thousand and ninety pounds of tobacco and not more and because the af.d James denys not
this but the same allegation blieves to be true prays Judgment for those damages above acknowledged
together with his Costs and Charges af.d to him to be adjudged &c

    Therefore by Consent of ^the^ parties af.d it is Considered that the af.d James Hayes recover against
    the af.d Joseph Macclester his damages aforesaid to the af.d three thousand and ninety pounds of
                                                                                                                                           tobacco


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Somerset County Judicial Records, 1737-1738
Volume 859, Page 34   View pdf image
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