Declaration, circa 4 December 1837 [L. Holmes and C. Holmes v. JS and Cahoon]

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for so much money before then by said plaintiffs lent and advanced to and paid laid out and expended for said defendants and at their like special instance and request: And also in the further sum of ten thousand dollars for other moneys before then by said defendants had and received to and for the use of said plaintiffs: And being so indebted they said defendants in consideration thereof afterwards to wit, on the same day and year last aforesaid at aforesaid, undertook and then and there faithfully promised the said plaintiffs to pay them the said several sums of money in this count mentioned when they the said defendants should be there unto afterwards requested: And whereas also afterwards to wit, on the first day of September AD 1837 at in said the said defendants accounted with the said plaintiffs of and concerning divers other sums of money for the said defendants to the said plaintiffs before that time due and owing and there in arrear and unpaid and upon such accounting the said defendants were then and there found to be in arrear and indebted to the said plaintiffs in the further sum of ten thousand dollars: And being so found in arrear and indebted they the said defendants in consideration thereof afterwards to wit on the same day and year last aforesaid at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of ten thousand dollars in this count mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants their said several promises and undertakings in nowise regarding, but contriving &c. have not as yet paid the several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiffs, (although often requested &c.) but the said defendants to pay the said plaintiffs the same have hitherto wholly neglected and refused and still do neglect and refuse, To the damage of said plaintiffs of fifteen thousand dollars and therefore they sue &c. Hitchcock & Wilder Attorneys for Plaintiff. [p. 65]
for so much money before then by said plaintiffs lent and advanced to and paid laid out and expended for said defendants and at their like special instance and request: And also in the further sum of ten thousand dollars for other moneys before then by said defendants had and received to and for the use of said plaintiffs: And being so indebted they said defendants in consideration thereof afterwards to wit, on the same day and year last aforesaid at aforesaid, undertook and then and there faithfully promised the said plaintiffs to pay them the said several sums of money in this count mentioned when they the said defendants should be there unto afterwards requested: And whereas also afterwards to wit, on the first day of September AD 1837 at in said the said defendants accounted with the said plaintiffs of and concerning divers other sums of money for the said defendants to the said plaintiffs before that time due and owing and there in arrear and unpaid and upon such accounting the said defendants were then and there found to be in arrear and indebted to the said plaintiffs in the further sum of ten thousand dollars: And being so found in arrear and indebted they the said defendants in consideration thereof afterwards to wit on the same day and year last aforesaid at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of ten thousand dollars in this count mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants their said several promises and undertakings in nowise regarding, but contriving &c. have not as yet paid the several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiffs, (although often requested &c.) but the said defendants to pay the said plaintiffs the same have hitherto wholly neglected and refused and still do neglect and refuse, To the damage of said plaintiffs of fifteen thousand dollars and therefore they sue &c. Hitchcock & Wilder Attorneys for Plaintiff. [p. 65]
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