Declaration, circa 24 April 1837 [Martindale v. JS et al.]

  • Source Note
  • Historical Introduction
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in said the said defendants (the said using the name & style of ) made their promissory note in writing and delivered the same to the said , and thereby then & there jointly and severally promised for value received to pay the said or order five thousand dollars on the first day of January next after the date thereof, which period has now elapsed; and the said defendants then and there in consideration of the premises jointly and severally promised the said to pay him the amount of the said note according to its tenor and effect; And also for that whereas afterwar[d]s, to wit, on the twentieth day of February A.D. 1837. at aforesaid, in the aforesaid, the said defendants were jointly and severally indebted to the said in the sum of six thousand dollars for so much money by the said defendants before that time lent and advanced to, and paid, laid out and expended for the said defendants and at their special instance and request; and also in the further sum of six thousand dollars for so much money by the said defendants before that time had and received to and for the use of the said : and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid, at aforesaid, in the aforesaid, jointly and severally undertook and then and there faithfully promised the said to pay him the said sums of money in this court mentioned on request: Yet they have disregarded their promises & have not paid nor hath any or either of them paid the said several sums of money, or any or either of them or any part thereof; to the damage of the said of seven thousand five hundred dollars, & therefore he brings his suit, &c.
s. Att[orne]y. [p. 108]
in said the said defendants (the said using the name & style of ) made their promissory note in writing and delivered the same to the said , and thereby then & there jointly and severally promised for value received to pay the said or order five thousand dollars on the first day of January next after the date thereof, which period has now elapsed; and the said defendants then and there in consideration of the premises jointly and severally promised the said to pay him the amount of the said note according to its tenor and effect; And also for that whereas afterwards, to wit, on the twentieth day of February A.D. 1837. at aforesaid, in the aforesaid, the said defendants were jointly and severally indebted to the said in the sum of six thousand dollars for so much money by the said defendants before that time lent and advanced to, and paid, laid out and expended for the said defendants and at their special instance and request; and also in the further sum of six thousand dollars for so much money by the said defendants before that time had and received to and for the use of the said : and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid, at aforesaid, in the aforesaid, jointly and severally undertook and then and there faithfully promised the said to pay him the said sums of money in this court mentioned on request: Yet they have disregarded their promises & have not paid nor hath any or either of them paid the said several sums of money, or any or either of them or any part thereof; to the damage of the said of seven thousand five hundred dollars, & therefore he brings his suit, &c.
s. Attorney. [p. 108]
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