| received of him; of which the said Isaac afterwards on the same day at
said Hallowell had notice, and thereby became liable by Law to pay the same
sum of Interest to the plt. according to the Tenor of the same Note, and
accordingly, afterwards at said Hallowell on the same day, promised the
plt. to pay him the same on demand; yet the said Isaac though often requested,
has not paid the same sum or Interest, but neglects it. To the Damage &c.
And the said Isaac by William Lithgow Junr. Esq. his Atty.
comes and defends the force and injury, when and where &c. and for plea
says he never promised in manner and form, the plt. declares, and thereof
puts himself on the Country. And the said Lewis Walker doth the same likewise.
Whereupon issue being joined the case after a full hearing was committed
to a Jury sworn according to Law to try the same, who returned their Verdict
therein upon oath, that is to say, they find the Deft. never promised. It
is therefore Considered by said Court that the Deft. recover against the
plt. Costs. The plaintiff appealed from this Judgment to the next Supreme
Judicial Court to be holden at Pownalborough within and for the County of
Lincoln and entered into |
220 |
|
|
