Volume 543, Page 142b View pdf image |
June Court 1762 141 this day he had Ready to Answer the afd. John Gale and John Ponsonby of the afd. plea as to him it was Commanded Whereupon the Said Edward Holland at the prayer of the afd. John Gale and John Ponsonby is Adjudged to give Special Bail to the Action afd. Thereupon a Certain William Roach of Somerset County planter present here in Court in his proper person undertook for the Said Edward Holland and Assumed upon himself that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said Gale and Ponsonby Against the afd. Edward Holland or that he the Said Edward Should be therein Convict that then he the Said Edward Should pay and Satisfie unto the afd. Gale and Ponsonby the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the prison will of the Sheriff of the County afd. in Satisfaction thereof or that he the Said William Roach ^ do the Same for him &c Whereupon the Said Edward Holland puts in his place Samuel Wilson Gent Attorney at Law Against the afd. John Gale and John Ponsonby in 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 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 afd. And hereupon the Said Gale and Ponsonby Complained Against the afd. Edward Holland in the plea afd. in form following Somerset fst Edward Holland Late of Somerset County Planter was Attached to Answer unto John Gale and John Ponsonby of A plea of trespass upon the Case &c. And Whereupon the Said Gale and Ponsonby by William Hayward their Attorney Complain that Whereas the Said Edward the Twelfth day of July in the Year of our Lord One thousand Seven hundred fifty and Nine at the County afd. was Indebted unto the Said Gale and Ponsonby in the Sum of fifteen pounds Eleven Shillings and Six pence farthing Current Money of Maryland for the Sundry Articles and things in the Account hereto Annexed mentioned & So thereof Indebted being the Said Edward in Consideration thereof Afterwards to wit the Same day and Year afd. at the County afd. Upon himself Assumed and to the Said Gale and Ponsonby then and there faithfully Promised that he the Said Edward the Sum of Money afd. when he Should be thereto Afterwards Required to the Said Gale and Ponsonby well & faithfully would pay and Content Nevertheless the Said Edward his Promise and Assumption afd. in form afd. made Little Regarding but minding and fraudulently intending the Said Gale and Ponsonby in that part Craftily and Subtilly to deceive and defraud the Sum of Money afd. unto the Said Gale and Ponsonby hath not paid or them for the Same in Any Sort Contented (altho the Same to do the Same Edward afterwards to wit the Same day and Year afd. and often Since at the County afd. by the Said Gale and Ponsonby was Required but the Same to them to pay hitherto altogether hath Refused and Still doth Refuse and unjustly deny Whereupon the Said Gale and Ponsonby Say they are Worse and have Damage to the Value of fifty Pounds Curt Money of Maryland and thereof they Bring Suit &c. Pledges &c. J: Doe & R: Roe
Action afd. of the afd. Gale and Ponsonby nor but that he did Assume upon himself in Manner and form as the afd. Gale and Gale & Ponsonby Ponsonby above Against him hath Complained Premisses the Said Edward Saith and Acknowledgeth that the afd. Gale and Ponsonby have Sustained Damages by Occasion of the Premisses beyond his Costs and Charges by him About his Suit in that part Apposed to Eight pounds Nine Shillings & three pence half penny Curt Money of Maryland and not More and because the afd. Gale and Ponsonby deny not this but the Same Allegation Grant to be true pray 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. Gale and Ponsonby Recover Against the afd. Edward Holland his Damages afd. to the afd. Eight pounds Nine Shillings and three pence half penny Curt Money 226 3/4 of Maryland by the Same Edward in form afd. Acknowledged as also Pounds of tobacco for his Costs and Charges afd. to the Same Gale and Ponsonby at their Request by this Court now here of the Assent of the parties afd. Adjudged which Certain Damages in the Whole Amount to Eight pounds Nine Shillings and three pence half penny Curt Money and Pounds of tobacco and the afd. Edward in Mercy &c |
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Volume 543, Page 142b View pdf image |
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