Thomas Akers v. James Wilson, Hunterdon Co, NJ

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Hunterdon County Misc. Records  M.R. 4054

Hunterdon Inferior Court of Common Pleas of the term of February in the year of our 
Lord one thousand and eight hundred and seven.
Hunterdon: James Wilson was summoned to answer Thomas Akers of a plea of trespass 
on the case - And whereupon the said Thomas Akers by Nathaniel Saxton his attorney 
complains That Whereas, before the time of making the promise and undertaking 
hereafter mentioned towit on the first Day of April in the year of our Lord one thousand 
seven hundred & ninety one, at Flemington in the county of Hunterdon aforesaid  and 
within the jurisdiction of this court, the said James Wilson was indebted to the said 
Thomas Akers a large sum of money towit the sum of  (left blank DBE)

And being so indebted afterward and before the making of the promise and Making 
herein after mentioned towit: on the same day and year last aforesaid, at Flemington 
aforesaid in a conversation then and there had and moved between the said James to the 
said Thomas and of concerning the said sum of money so due and owing by the said 
James to the said Thomas and of concerning the paying of the same by the said James to 
the said Thomas, the said Thomas then and there alleged and insisted that there was due 
and owing from the said Thomas Akers, as executor of John Akers deceased, unto the 
said James Wilson as Executor of Peter Wilson deceased, the sum of fifty one pounds 
nineteen shillings and six pence it being part of a bond given by Peter Wilson and John 
Akers to Aschah Lambert on account of the said bond, as he the said James Alleged - 
And thereupon the said James then and there towit on the same day and year aforesaid, at 
Flemington aforesaid in consideration of the said Thomas Akers at the special --- and 
request of the said James would suffer and permit the said James to detain out of the 
hands of the said Thomas the sum of Fifty One pounds nineteen shilling and six pence, he 
the said James then and there undertook and faithfully promised the said Thomas that if 
he did not appear, that it was lawful for him the said James to detain out of the hands of 
the said Thomas, the said sum of Fifty One pounds nineteen shillings and six pence, That 
he the said James Wilson would pay unto the said Thomas Akers the said sum of fifty 
one pounds nineteen shillings six pence, when he the said James should be there unto 
afterwards requested - And the said Thomas in fact saith that the said James did then and 
there detain out of the hands of the said Thomas the said sum of Fifty One pounds 
nineteen shillings six pence - And the said Thomas also in fact saith that the said sum of 
Fifty One pounds nineteen shillings six pence or any part thereof was not so due and 
owing from the said Thomas as Executor of John Akers deceased, to the said James as 
execcutor of Peter Wilson deceased, And the said Thomas further in fact saith that it was 
not lawful for the said James to detain out of the hands of the said Thomas the said sum 
of Fifty One pounds nineteen shillings and six pence or any part thereof - By reason 
whereof the said James according to his promise and undertaking so by him made in that 
behalf aforesaid became liable to pay and ought to have paid to the said Thomas the said 
sum of Fifty One pounds nineteen shillings six pence, Whereof the said James on the 
same day and year last aforesaid at Flemington aforesaid there had notice - And the said 
Thomas avers that the said sum of Fifty one pounds nineteen shillings and six pence is of 
the value of one hundred and thirty eight dollars and fifty cents lawful money of the State 
of New Jersey - and Whereas the said James Wilson afterwards to wit on the same day 
and  year last aforesaid was indebted to the said Thomas in --- Fifty one pounds nineteen 
shillings six pence for money by the said James before that time had recieved to and for 
the use of the said Thomas and being so indebted the said James in consideration thereof  
afterwards to wit on the same day and year last aforesaid at Flemington aforesaid in the 
Coutny and within the Jurisdiction aforesaid, undertook and then and there faithfully 
promised the said Thomas to pay him the last mentioned sum of money, whe he the said 
James --- be thereunto afterwards requested --- And the said Thomas avers that the said 
last mentioned sum of fifty one pounds nineteen shillings and six pence is of the value of 
one hundred and thirty eight dollars and fifty cents of like lawful money of the State of 
New Jersey - Yet, the said James Wilson not regarding his aforesaid several promises and 
undertakings so by him made in behalf as aforesaid but contriving and fraudulently 
intending craftily and subbtly to deceive and defraud the said Thomas in this respet had 
not yet paid the said several sums of money or any part thereof to the said Thomas, Altho 
so to do he the said James afterwards to wit on the same day and year aforesaid and often 
afterward to wit, at Flemington aforesaid, in the County and within the Jurisdiction 
aforesaid was requested by the said Thomas, but he to do this that hitherto wholly refused
and --- doth refuse to the said Thomas his damage of three hundred Dollars money 
aforesaid and thereof brings suit.
								Nathaniel Saxton
								Attorney for the Plaintiff
Hunterdon to wit Thomas Akers picks in his place Nathaniel Saxton his attorney again 
James Wilson in plea of Trespass on the case-



Thomas Akers v. James Wilson

In pursuance of an affidavit of Thomas Akers made before me on the 8th Day of May 
inst. And Notice given to James Wilson for taking the Deposition of William Akers at 
witness in the above cause which Affidavit and a Copy of which Notice is hereunto 
annexed The Said William Akers appeared before me Elnathan Stevenson one of the 
Judges of the Court of common Pleas in and for the County of Hunterdon this 8th Day of 
May A.D. 1807 at the Clerks office in the said county of Hunterdon and being sworn and 
Examined in the presence of the above mentioned parties Deposeth and saith That he 
now resides in the County of Northampton in the Commonwealth of Pennsylvania that he 
has now come to see his Mother and is about to Depart home again that five years ago 
last fall he came down to his brothers Thomas Akers that he this Deponent went with his 
brother Thomas Akers to the house of James Wilson at this brothers request to tell Mr. 
Wilson what he knew respecting a certain bond given by Peter Wilson and John Akers to 
Ann Roberson and a Certain other bond given by Peter Wilson and John Akers to Aschah 
Lambert and the payment of monies on Said bonds that he and Mr. Wilson had a 
Conversation Respecting the same that James Wilson Acknowledged that he had 
Detained a sum of Money from Thomas Akers on account of the bond to Aschah 
Lambert that Thomas Akers took a Certain Receipt now produced to the witness marked 
A. out of his pocket and shewed it and read it to Mr. James Wilson and Mr. Wilson said 
the writing which he had gave him for the money which he had Detained and sd bond 
was about fifty pounds, that the witness understood from James Wilson that this money 
was Detained out of the purchase money of a piece of land which Thomas Akers had sold 
James Wilson.

_______
This part of the Evidence objected to
The Witness says about forty years ago Mr. Peter Wilson came to his father viz John 
Akers and Requested him to join him in buying a piece of land of Robert Combs which 
his father consented to do if they could take up the money Peter Wilson went to look for 
the money and Came and told his father he knew where they could get it viz of Ann 
Robertson then they closed the bargain with Mr. Combs he seen them for the money and 
seen them have it when they came back he heard Peter Wilson tell his father before they 
went that they must give their bond together and he understood from them both when 
they came back that they had given their bond together for two hundred pounds says his 
father and Peter Wilson some years after went together off towards Trenton and he saw 
them come back together and saw his father have the bond: in the evening when he came 
home this witness made a calculation that his father had paid his half he made the 
calculation of the money paid by his father from Endorsements on the bond he believes 
the bond now shewn him marked B. to be the same bond he made the Calculation on 

N.B. Cross Examined Says he does not kow whose writing the said Receeipt marked (A.) 
is but it is not his Brother Thomas hand writing. Says he is a a son of John Akers and his 
father by his Will left him a legacy of ten pounds or thereabouts and that he is not 
entitled to any more out of the Residue of the Estate Says that when his father brought 
the afored. Bond from trenton he saw his father have some receipts --- --- Peter Wilsons 
for the payment of money of said bond.
Examined again by plaintiff says that he took none of said receipts in the Calculation 
which he made on said bond
								William Akers
Sworn and subscribed before me
the day and year above said
		Elnan Stevenson