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March Court 1762 132 Sixty One to Answer unto John White of A plea of trespass upon the Case and So forth And the Same day is given to the afd. John White here &c Att which day here Came the afd. John White by Littleton Dennis his Attorney And the Sheriff to witt John Dennis Gent now here Returned that he had taken the afd. John Whittingham whose body here at this day he had Ready to Answer the afd. John White of the afd. plea as to him it was Commanded Whereupon the Said John Whittingham at the prayer of the afd. John White is Adjudged to Give Special Bail to the Action afd. Thereupon a Certain Andrew Adams of Somerset County planter present here in Court in his proper person undertook for the Said John Whittingham that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said John White Against the afd. John Whittingham or that he the Said John Whittingham pay and Satisfie unto the afd. John White 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 Andrew Adams will do the Same for him &c Whereupon the Said John Whittingham puts in his place Samuel Wilson Gent Attorney at Law Against the afd. John White of the afd. plea And thereupon at the prayer of the parties afd. day is to them now here Given untill next Court to be held at Princes Ann Town in and for the County afd. the third Tuesday of June then next following in the State that now Saveing to the parties afd. &c Att which day here Came the parties afd. by their Attorneys And Whereupon the Said John White Complained of the afd. John Whittingham in the plea afd. in form following Somerset fst John Whittingham Late of Somerset County planter was Attached to Answer unto John White of A plea of trespass upon the Case and So forth And Whereupon the Said John White by Littleton Dennis his Attorney Complains that whereas the Said John Whittingham on the Seventeenth day of January One thousand Seven hundred and Sixty at the County afd. made his Certain promissary note in Writing and Subscribed his hand Writing thereto and delivered the Same to the Said John White by which he promised to pay to the Said John White or his Order the Sum of Ten pounds five Shillings Curt Money of Maryland for Value Received by Reason of Which and by force of the Statute in that Case made and provided the Said John Whittingham became Liable to pay to the Said John White the Said Sum of Ten pounds five Shillings Curt Money afd. on Demand and being So indebted the Said John Whittingham in Consideration thereof the Same day and Year Above mentioned at the County afd. undertook And faithfully promised the Said John White that he would well and truly pay him the Said Sum of Ten pounds five Shillings Curt Money mentioned in the Said note Agreeable to the tenor thereof Nevertheless the Said John Whittingham not Regarding his Said promise and undertakeing but Contriving and fraudulently intending to deceive and defraud the Said John White hath not paid him the Said Sum of ten pounds five Shillings Curt Money or Any part thereof altho the Said John Whittingham afterwards to wit the Same day & Year Last Above mentioned and often times afterwards at Somerset County afd. was by the Said John White thereto Required but the Said John Whittingham hitherto hath and Still doth Refuse So to do Whereby the Said John White Saith that he is Worse and hath Damage to the Value of Twenty pounds Curt Money of Maryland And thereof he brings Suit and So forth Pledges of Prosg. J: Doe & R: Roe And the afd. John Whittingham by his Attorney afd. 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 August then next following And he hath it and the Same day is given to the afd. White here also &c Att which day here Came as well the afd. John White as the afd. John Whittingham by their Attorneys afd. And hereupon the Said John Whittingham prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of November then next following and he hath it and the Same day is Given to the afd. White here also &c Att which day here Came as well the afd. John White as the afd. John Whittingham by their Attorneys afd. and hereupon the Said Whittingham prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of March then next following and he hath it and the Same day is Given to the afd. White here also &c Att which day here Came as well the afd. John White as the afd. John Whittingham by their Attorneys afd. And hereupon the Said John Whittingham as before defends the force and Injury when &c. And Saith |
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Somerset County Judicial Records, 1760-1763
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