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( 17 ) xber: 10th. Anno Dom 1690 Somerset County Ssc. Nicholas: Hartnor of this County Carpenter was Somoned to answer unto Peter Whaples of the same County Cordwinder, in an action upon the Case - - - - - And whereupon the plt by James:Sangster his Attorney Comes and sayes that whereas Joseph ffreeman late of this County Carpenter was indebted unto the plt in the full and just Sum of six thousand pounds of good sound Mertable bright tobacco in Caske, payable upon demand, and for the more Sure payment of the same, the plt did implead the said Joseph: ffreeman to this County Court whereupon the said Nicholas: Hartner in Consideration that the plt would desist from prosecuting of the said ffreeman and withdraw the suit, did take upon him to satisfie the said debt due to the plt from Joseph ffreeman, and did faithfully assume and promise to See the same satisfied, either by him Selfe or others forthwith, whereupon the sd plt did bespeak freight for the same. Yet not withstanding the said Hartnor deft had in performance of the sd assumption Ordered the plt thre thousand and fourty five pounds of tobacco in the hands of Capt. Henry: Smith of this County Gent and delivered the said Smith=s Bill into the plts hands in part of pay, did fraudulently & Craftily Countermand the said Order and deceive the plt of the abovesd Sum of Six thousand pounds of tobacco, whereby the plt sayes he is damnified and hath losse to the value of twelve thousand pounds of tobacco in Caske and hereupon brings this suit. pled psois. John. Doe Sangster p Quer Rich: Roe The Defendt by Peter Dent his Attorney saith that he did not not assume in manner & forme as is alleadged, and this he prayes may be enquired of by the Country Dent p Defendt Sangster p plt. This Bill bindeth me Henry Smith of Somerset County in the Province of Maryland me my Heirs, Execcutors and Admunistraters to pay or cause to be paid unto Nicholas:Hartner of the same County his Heirs Execcutors Administrators or Assignes the full and just Sum of three thousand and fourty five pounds of tob good sound merchantable leaf tobacco and Caske Convenient at the aforesaid County at of upon the 10th day of November Ensueing the date hereof, as wittness my hand and seal this 22th day of May. 1689 Testes Henry: Smith ? Sealed Wm: aylward - - - - - - - - - - - - - - - - - - - - - - - - The Deposition of John: Moore aged fifty eight years or thereabouts, Declareth, being at the house of Mary ffreemans sometime of December last past, hearing of Nicholas Hartner and Peter Whaples having some words concerning the tobacco that Joseph:ffreeman was inde= =bted to the said Whaples, the said Nicholas replyeth you are paid allready three thousand and odd by way of Capt. Smith; and the remainder I will See you satisfied, whether Joseph freeman lives or dyes and further the deponant saith not his John X Moore marke |
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Somerset County Judicial Records, 1690-1691
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