Volume 851, Page 274 View pdf image |
November Court
1736
274
that whereas the afd John after the first day of may in the year of our Lord God seventeen hundred and five to wit the twentieth day of March Anno Dom seventeen hundred thirty and four at Somerset County ^afd^ did draw his certain note in writing called a promissory note with his proper hand subscribed bearing date the day and year last mentioned and that note unto the same Samuel then and there did deliver by which said note the same John did promise to pay unto the same Samuel or order the sum of one thousand five hundred and thirty pounds of good ^merchantable^ tobacco for value received and by reason thereof as also by force of the statute in such case lately made and provided the same John became lyable to pay unto the same Samuel the afd sum of tobacco according to the Tenor to of the note afd and so being lyable the afd John in Consideration thereof afterwards to wit the afd twentieth day of March Anno Dom seventeen hundred thirty and four afd at Somerset County afd upon himself did assume and unto the same Samuel then and there faithfully did promise to pay unto him the afd sum of tobacco According to the tenor of the note afd Nevertheless the afd John his promise and Assumption afd nothing regarding but minding and fraudulently intending the same Samuel in this part craftily and subtily to deceive and defraud the afd sum of tobacco or any part thereof unto the same Samuel hath not paid altho to do the same by the afd Samuel afterwards to wit the tenth day of July Anno Dom seventeen hundred thirty and six at the County afd the afd John was required but that unto him hitherto to pay ^altogether^ hath refused and still doth refuse to the damage of the same Samuel three thousand pounds of tobacco And thereupon he bringeth suit &c pledges &c Jno Doe & R Roe And the afd John Dennis Jun.r in his Own proper person Cometh and defendeth the force and Injury when &c and saith that he Cannot gainsay the action afd of the afd Samuel nor but that he did assume upon himselfe in manner and form as the afd Samuel ^hath^ above against him Complained And as to the damage of the Same Samuel by him by Occasion of the premisses in that part Sustained the Same John saith and Confesseth that the afd Samuel hath Sustained Damages by Occasion of the premisses further than his Costs and Charges by him about his Suit in that part apposed to One thousand five hundred and thirty pounds of tobacco and not more and becaus the afd Samuel Denys not this but the Same allegation Confesseth to be true prays Judgm.t and those Damages first above Confessed together with those Costs and Charges afd to him to be adjudged &c Therefore by Consent of the parties afd it is Considered that the afd Samuel Dickerson Recover against the afd John Dennis Jun.r his damages afd to the afd One thousand five hundred and thirty pounds of tobacco by the Same John in form afd Confessed as also pds |
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Volume 851, Page 274 View pdf image |
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