Archives of Maryland, Volume 0543, Page 0001 - Somerset County Judicial Records, 1760-1763

Somerset County Judicial Records, 1760-1763

March Court 1760 1

WH	Robert Carmincael & Cop^y
	@	Command was given to the Sheriff of Somerset County that he Should Take
LD	Thomas Newbold	Thomas Newbold Late of Somerset County planter if he Should be found in his Bailywick

And him Should Safe keep so that he might have his body before the Justices of his Lordships County Court of
Somerset to be held at Princes Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred
and Sixty to Answer unto Robert Carmichael and Comp^y of A plea of trespass upon the Case &^c. And the Same
day is given to the af^d. Robert & Cop^y here &^c.
           Att which day here Came the af^d. Robert Carmichael & Cop^y by William Hayward their Attorney
And the Sheriff to witt John Dennis Gen^t now here Returned that he had taken the af^d. Thomas Newbold
whose body here at this day he had Ready to Answer the af^d Robert and Cop^y of the af^d. plea as to him it
was Commanded       And hereupon the Said Robert Carmichael & Cop^y Complained of the af^d. Thomas
Newbold in the plea af^d in form following            Somerset to witt    Thomas Newbold Late of Somerset County
Planter was Attached to Answer unto Robert Carmichael and Cop^y of A plea of trespass upon the Case &^c.
           And Whereupon the Said Robert and Cop^y by William Hayward his Att^y Complains that whereas
the Said Thomas on the first day of Feb^ry Anno Dom. MDCCLX at Somerset County af^d. was Indebted unto
the Said Robert and Cop^y in the Sum of Three Pounds Seven Shillings and Nine pence Cu^t Money of Maryland
for So much Money before that time had and Received and So thereof Chargeable being the Said Thomas in
Consideration thereof afterwards to witt the Same day and Year af^d. at the County af^d. upon himself Assumed and to the
Said Robert then and there faithfully promise that he the Said Thomas the Sum of Money af^d. to the Said Robert
When he Should be thereto afterwards Required well and faithfully would pay and Content Nevertheless the Said
Thomas his Promise and Assumption af^d. in form af^d. made Little Regarding but minding and fraudulently Intending
the Said Robert in that Part Craftily and Subtilly to deceive and defraud the Sum of Money af^d. to the Said Robert
hath not paid or him for the Same in Any Sort Contented Altho the Same to do the Said Thomas afterwards to wit the
Same day and Year af^d. and often Since at the County af^d. by the Said Robert & Cop^y was Required but the Same to him
to Pay altogether hath Refused and Still doth Refuse and unjustly detain Whereupon the Said Robert Says he [is]
Worse and hath damage to the Value of Ten pounds Cr^t Money of Maryland there thereof he brings Suit &
So forth                                               Pledges &^c J: Doe & R: Roe
           Whereupon the Said Thomas Newbold at the Prayer of the af^d. Robert Carmichael & Cop^y is
Adjudged to give Special Bail to the Action af^d.    Thereupon a Certain                      of Somerset County
Gen^t Present herein Court in his Proper person under took for the Said Thomas Newbold that if it Should happen
that Judgment in the plea af^d. Should be Rendred for the Said Robert and Cop^y Against the af^d. Thomas or that he
the Said Thomas Should be therein Convict that then he the Said Thomas Should pay and Satisfie unto the af^d. Rober[t]
and Cop^y the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the Prison of the
Sheriff of the County af^d in Satisfaction thereof or that he the Said                      will do the Same
for him &^c.
             And the af^d. Thomas Newbold by Littleton Dennis his Att^y Comes and defends the force and
Injury when &^c. And Saith that he Cannot deny the Action af^d. of the af^d. Robert and Cop^y nor but that he did
Assume upon himself in Manner and form as the af^d. Robert and Cop^y Above Against him hath Complained and as to th[e]
damage of the Same Robert and Cop^y by him by Occasion of the Premisses in that part Sustained the Same Thomas
Saith and Acknowledgeth that the af^d. Robert & Cop^y have Sustained Damages by Occasion of the Premisses beyo[nd]
their Costs and Charges by them about their Suit in that part Apposed to three pounds Seven Shillings and Nine pen[ce]
C^t Money and not More and because the af^d. Robert & C^y deny not this but the Same Allegation Grant to be true
pray Judgment for those damages above Acknowledged together with his Costs and Charges af^d. to him to be Adjudged
           Therefore by Consent of the parties af^d. it is Considered that the af^d. Robert Carmichael & Cop^y Recover
Against the af^d. Thomas Newbold his Damages af^d. to the af^d. three pound Seven Shillings and Nine pence
195    C^t. Money by the Same Thomas in form af^d. Acknowledged as also
Pounds of Tobacco for their Costs & Charges af^d to the Same Robert & Cop^y at their Request by the Court now here of the
Assent of the Parties af^d. Adjudged which Certain Damages in the whole Amount to three pound Seven
Shillings & Nine pence Cu^t Money &                           Pounds of Tobacco and the af^d Thomas in
Mercy &^c.

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Somerset County Judicial Records, 1760-1763

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