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August 15. 1690 (174) - - - - - - - - Capt: Henry: Smith. Plt. Issue joynd Declaration Read viz agt. Somerset County Ssc. Michael Holland of the County Michael: Holland. deft of Somersett, and Province of Maryland Marryner was Sumoned to answer unto Capt. Henry Smith of the Same County of Somerset and Province Gentll. of a plea that he render unto him the full and just Sum of two hundred pounds Sterling money of England which to him he oweth and unjustly deteineth &c. And whereupon the said Henry by Peter Dent his Attorney saith that the said Michael.the 13th: day of March in the year of our Lord 1689/90 at Monocan within the Jurisdiction of this Court, by his Certain bond Obligatory which the said Henry with the seal of the sd Michael Signed bringeth here unto Court, the date whereof is the day and year aforesaid acknowledged himselfe to be bound to the said Henry in the said full and just Sum of two hundred pounds Sterling money of England to be paid to the sd Henry upon demand, to the which payment well and truly to be made the said Michael bound himselfe firmly by the said Bill. Nevertheless the said Michael the said Sum of two hundred pounds sterling although often demanded the same, to the said Henry hath not rendered but hath hitherto denyed and doth still deny to the damage of the sd Henry of two hundred and fifty pounds Sterling and thereof bringeth his suite &c. Dent pr Quer Pleg &c. John:Doe Rich: Roe. The Defendant Comes and defends the force and injury and sayes that there is a certain Bond for two hundred pounds sterling money with a Condition there unto annexed, But the plt doth not declare for any Bond with a Condition thereunto anexed and this he gives in Barr. J.S. And the said Henry by Peter Dent Saith that he hath declared for a Certain Bond to be here in Court produced, which is here ready, and this he prayes may be enquired by the Court. Dent The whole matter being wholy referred to a Jury of twelve good and lawfull men, who was legally impanneld and duly sworn whose names are as followeth (Viz) John:Bozman. William Robbinson John:Bowns. Alexander:Thomas. Moses:ffainton. Robert Polk. Ralph:Milbourn. Samuel:Shewell John: Tarr. William: Bozman Thomas Oxford. William:Planner. who having viewed the Bonds and papers as also the Evidences Sworne, having received their Charge goes forth to determine the Same. - - - - - And being returned do bring in this following verdict Viz. Wee ye Jurors find no Cause of action. Given in pr John: Bozman. - - - - - - - - - - - All ye paprs & Bonds both parties had in Court Matt Scarbrough Sworne for plt ditto Mr. Henry Lynch - - - - - - - - - - - - - - - - - - - - - - - again Mr Jno: Strawbridge plt Somerset Ssc. Andrew Whittington Innholder was Sumd to answer unto Jno.Strawbridge agt. in a plea of Trespass on the Case The plt declareth by him Selfe that in Janry ye Andrew Whittington.deft. 12th. 1687. he recovered three severall actions agt William Seamor which amounteth to 2646lb of tobacco (as by Bill of Cost doth appear, so it is may it please yr worps that when judgmt was given agt ye sd Seamor on the behalfe of the plt. That the same day and hour One Andrew. Whittington came before the face of the worll. Court, and did then and there promise and assume to pay the plt the sd tobacco, but the sd Whittington hath fraudulently & deceitfully refused the same though often required and demanded by the plt who bringeth his action against the sd Andrew Whittington, And the sd plt saith that he is dampnified to the vallue or Sum of 5292lb of tobacco and therefore humbly prayeth that judgmt may be entered and granted accordingly. Plea. It was a Conditionall assumption the defendt made in Court if then received Ja: Sangster The whole proceedings was referred to the Court // who grants Order according to declaration Evid Sworne for plt. & one for deft. - - - - - - - Ordr Strawbridge not take out & execution till 9br Robt:Browne Wittne: Rogr:Burkham Edm:Beauchamp.plt. for deft Rich: Chambers. |
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Somerset County Judicial Records, 1689-1690
| Volume 106, Page 174 View pdf image |
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