Volume 543, Page 143 View pdf image |
June Court 1762 142
Somerset to be held at Princes Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred and Sixty Two to Answer unto John Gale and John Ponsonby of A plea of trespass upon the Case &c. And the Same day is Given to the afd. Gale & Ponsonby here &c Att which day here Came the afd. Gale and Ponsonby by William Hayward their Attorney and the Sheriff to witt Ephraim Wilson now here Returned that he had taken the afd. James Pewsey whose body here at this day he had Ready to Answer the afd. Gale and Ponsonby of the afd. plea as to him it was Commanded Whereupon the Said James Pewsey at the prayer of the afd. Gale and Ponsonby is Adjudged to Give Special Bail to the Action afd. Thereupon a Certain Henry Smith of Somerset County Planter present here in Court in his Proper Person undertook for the Said James Pusey 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. James Pewsey or that he the Said James Pewsey Should be therein Convict that then he the Said James Pewsey 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 of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Henry Smith will do the Same for him &c Whereupon the Said James Pusey Put in his place William Allen Gent Attorney at Law Against the afd. Gale and Ponsonby 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 the third Tuesday of June then next following in the State that now Saveing to the Parties afd. &c. Att which day here Came as well the afd. Gale and Ponsonby as the afd. James Pusey by their Attorneys afd. And hereupon the Said Gale and Ponsonby Complained Against the afd. James Pusey in the plea afd. in form following Somerset fst James Pewsey Late of Somerset County Planter was Attached to Answer unto John Gale and John Ponsonby of a plea of trespass upon the Case and So forth And Whereupon the Said Gale and Ponsonby by William Hayward their Attorney Complain that Whereas the Said James the Ninth day of July in the Year of our Lord one thousand Seven hundred and Sixty was Indebted unto the Said Gale and Ponsonby in the Sum of five Pounds One Shilling and four pence half penny Curt Money of Maryland for the Articles and things in the Account hereto Annexed mentioned and So thereof Indebted being the Said James 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 James the Sum of Money afd. when he Should be thereto Afterwards Required unto the Said Gale and Ponsonby well and faithfully would pay and Content Nevertheless the Said James 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 James 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 Ten pounds Curt Money of Maryland and thereof they bring Suit &c Pledges &c. J: Doe & R: Roe
deny the 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 Ponsonby above Against him have Complained and as to the Damages of the Said Gale and Ponsonby by him by Occasion of the premisses the Said James Saith and Acknowledgeth that the afd. Gale and Ponsonby hath Sustained Damages by Occasion of the Premisses beyond their Costs and Charges by them about their Suit in that part Apposed to five pounds one Shilling and four pence half penny Curt Money 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 together with above Acknowledged ^ Therefore |
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Volume 543, Page 143 View pdf image |
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