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August Court 1761 104 Account hereto Annexed mentioned and So thereof Indebted being in Consideration thereof Afterwards to wit on the day and Year afd. at the County afd. upon himself did Assume and to the Said Sampson then and there Promise to pay the afd. Sum of Money when he Should be thereto afterwards Required And Whereas also the Said Stephen the first day of November Anno Dom. MDCCL at the County afd. was Indebted unto the Said Sampson in the further Sum of ten pounds three Shillings and Two pence Curt Money for the Sundry Matters and things in One other Account hereto Annexed mentioned and So thereof Indebted being in Consideration thereof Afterwards to wit the day and Year Last afd. at the County afd. upon himself did Assume and to the Said Sampson then and there promise to Pay to the Said Sampson the Sum of Money Last mentioned when he Should be thereto afterwards Required Nevertheless the Said Stephen his Several Promisses and Assumptions afd. in form afd. made not Regarding the afd. Sum of Money Above Mentioned or Any Part thereof unto the Said Sampson he hath not paid or him for the Same in Any Sort Contented but the Same to the Said Sampson to pay hath Refused and Still doth Refuse altho the Same to do afterwards to wit the day and Year Last afd. at the County afd. and often Since by the Said Sampson Required to the Damage of the Said Sampson thirty Pound Curt money and thereof he brings Suit and So forth Pledges &c J: Doe & R: Roe Att which day here Came the afd. Sampson Wheatly by his Attorney afd. and the Sheriff to witt John Dennis Gent now here Returned that he had taken the afd. Stephen Cottingham whose body here at this day he had Ready to Answer the afd. Sampson Wheatly of the afd. plea as to him it was Commanded And further the Same Sheriff Returned that he had Served the afd. Stephen Cottingham with a Copy of the foregoing declaration According to Act of Assembly in Such Case Provided &c Whereupon the Said Stephen Cottingham at the prayer of the afd. Sampson Wheatly is Adjudged to give Special Bail to the Action afd. Thereupon a Certain Abraham Outen of Somerset County planter Present here in Court in his Proper Person undertook for the Said Stephen Cottingham And Assumed upon himself that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said Sampson Wheatly Against the afd. Stephen Cottingham or that he the Said Stephen Should be therein Convict that then he the Said Stephen Should pay and Satisfie unto the afd. Sampson the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the Prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Abraham Outen will do the Same for him &c And the afd. Stephen Cottingham by Wm. Hayward his Attorney Comes and defends the force and Injury when &c And prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of June then next following and he hath it and the Same day is Given to the afd. Sampson here also &c Att which day here Came as well the afd. Sampson Wheatly as the afd. Stephen Cottingham by their Attorneys afd. And hereupon the Said Stephen prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of August then next following and he hath it and the Same day is given to the afd. Sampson here also &c Att which day here Came as well the afd. Sampson Wheatly as the afd. Stephen Cottingham by their Attorneys afd. And hereupon the Said Stephen as before defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. Sampson Wheatly nor but that he did Assume upon himself in Manner and form as the afd. Sampson Above Against him hath Complained and as to the Damage of the Same Sampson by him by Occasion of the Premisses in that part Sustained the Same Stephen Saith and Acknowledgeth that the afd. Sampson hath Sustained Damages by Occasion of the Premisses beyond his Costs and Charges by him About his Suit in that part Apposed to four pound and five pence Curt Money and not More and because the afd. Sampson denys not this but the Same Allegation Grants to be true prays Judgment for those Damages Above Acknowledged together with his Costs and Charges afd. to him to be Adjudged Therefore by Consent of the Parties afd. it is Considered that the afd. Sampson Wheatly Recover Against the afd. Stephen Cottingham his Damages afd. to the afd. four pound and five pence Curt Money by the Same Stephen in form 891 afd. Acknowledged as also Pounds of Tobacco for his Costs and Charges afd. to the Same Sampson at his Request by the Court now here of the Assent of the Parties afd. Adjudged which Certain Damages in the Whole Amount to four pound and five pence Curt Money and Pounds of Tobacco and the afd. Stephen in Mercy &c |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 104b View pdf image |
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