| Volume 407, Page 126 View pdf image (33K) |
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( 126 ) James . Barry: Plt Somerset County Ss John Rowell late of Somerset County Cordwinder was attached to John: Rowell. Dft } answer unto James Barry Tanner of a plea of trespas of the Case &ca. ~ ~ ~ ~ ~ ~ And whereupon the Said James by Robert Pirrie his Attorney Complaineth that Whereas the Said John in the year of our Lord 1687 at Monocan within the Jurisdiction of this Court was Indebted to the Said James in the Sum of four thousand Six hundred Sixty five pounds of tobacco being the balance of a certain account for Sundry hides of Tannd leather &ca by ye sd James to the sd John before that time Sold & delivered as pr account here in Court may appear being produced and the sd John to the Said James in manner aforesd being indebted in Consideration thereof did assume upon himself & to the Said James faithfully promise that he the Said John the sd Sum of 4865 Pounds of tobacco when he Should be thereunto requested should well & truely content and pay which by accog here in Court can & may appear Nevertheless the said John his promise & assumption aforesd not regarding but minding & fraudulently intending him the Said James in this behalf Craftily & Subtily to deceive & defraud the sd 4865 pounds of tobacco or any part thereof to the Said James hath not paid although the Said John to doe the Same by the sd James hath been requested but hath hitherto refused & doth Still refuse to the damage of the Said James of 9730 pounds of tobacco & thereupon he brings this Sute &ca. Pirrie pr Quer Plegs &ca. {Jno Doe Rich Roe }
Non assumpsit pr Curia. Dent And the Plt Saith and offers to prove by Oath that the debt is just & due, and that ye dft to the plt did assume Pirrie John:Rowell Dr. to James:Barry To 2 tanned hides — 400 Contra Cred. To one tand hide to Patrick Reed – 200 To 1½ Tand hide by yr Daughter Mary: 150 To 1 paire Mens Shoes. — — 180 To 24 tand hides at Several times 4000 To one paire Womens Shoes – – – 050 To one Raw hide from John:Wood. 0060 To one hatt – – – – – – 105 Summa total – 4810 To ½ bushell Salt. – – – – 050 Credit — 0745 To 2: Raw hides – – – – 120 4065 To 4: Raw hides . – – – – – 240 Errors Excepted pr James: Barry . 745
The Decl and accot. not agreeing a Non Sute by this Court was granted agt the plt wth Cost alias Executio .
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Richard Wharton: Plt Leonard Jones of this County was attached to answer unto Richard Wharton Leonard. Jones Dft. } of the Same County in an accon of the Case &ca. — And whereupon the sd Richard ~ ~ ~ ~ ~ ~ ~ ~ by Samuel Alexander his Attorney Saith that the sd Leonard ye 10th.day of November in the year of our Lord 1692. at Pocomoke within the Jurisdiction of this Court Was indebted to the Said Richard in the just and full Sum of four hundred pounds of good Sound Merchantable tobacco it being for and in Consideration of four hundred feet of white Oake plank by the sd Leonard received from the sd Richard and he the sd Leonard in manner aforesd unto the sd Richard being indebted did assume upon himself asd. and to the sd Richard faithfully promise [that] he the Said Sum of 400 lb of tobacco to the Said Richard when he should be thereunto Requested would Satisfy & pay but the
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| Volume 407, Page 126 View pdf image (33K) |
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