Volume 543, Page 143c View pdf image |
June Court 1762 143 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 hath Complained and as to the damage of the Said Gale and Ponsonby by him by Occasion of the Premisses the Same John Saith and Acknowledgeth that the afd. Gale and Ponsonby have Sustained Damages by Occasion of the Premisses beyond their Costs and Charges by them about their Suit in that part Apposed to Two pound Sixteen Shillings and one farthing 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 Above Acknowledged for their Costs and Charges afd. to them to be Adjudged by Consent of the parties Therefore ^ it is Considered that the afd. Gale and Ponsonby Recover Against the afd. John Benson his Damages afd. to the afd. Two pounds Sixteen Shillings and one farthing Curt Money by the Same John in 211 form afd. Acknowledged as also Pounds of Tobacco for their Costs and Charges afd. to the Same Gale and Ponsonby at their Request by the Court now here of the Assent of the parties afd. Adjudged which Certain Damages in the Whole Amount to Two pounds Sixteen Shillings and one farthing Curt Money & Pounds of Tobacco and the afd. John in Mercy &c
Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred and Sixty Two to Answer unto John Ponsonby of A plea of trespass upon the Case &c. And the Same day is Given to the afd. Ponsonby here &c Att which day here Came the afd. John Ponsonby by Wm. Hayward his Attorney and the Sheriff to wit Ephraim Wilson Returned that he had taken the afd. John Whittingham whose body here at this day he had Ready to Answer the afd. Ponsonby of the afd. plea as to him it was Commanded Whereupon the Said John Whittingham at the prayer of the afd. John Ponsonby is Adjudged to Give Special Bail to the Action afd. Thereupon a Certain Wm. Geddes of Somerset County Gent present here in Court in his Proper Person undertook for the Said John Whittingham and Assumed upon himself that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said John Ponsonby Against the afd. John Whittingham or that he the Said John Whittingham Should be therein Convict that then he the Said John Whittingham Should pay and Satisfie unto the afd. John 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 Wm. Geddes will do the Same for him &c Whereupon the Said John Whittingham puts in his place George Hayward Gent Attorney at Law Against the afd. John 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 the parties afd. by their Attorneys afd. And hereupon the Said Ponsonby Complained Against 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 Ponsonby of A plea of trespass upon the Case &c And Whereupon the Said John Ponsonby by William Hayward his Attorney Complains that whereas the Said John Whittingham the fifth day of August in the Year of our Lord One thousand Seven hundred Sixty and One at the County afd. was Indebted unto the Said John Ponsonby in the Sum of Two pounds fifteen Shillings Curt Money of Maryland for the Sundry Articles and things in the Account hereto Annexed mentioned And So thereof Indebted being the Said John Whittingham in Consideration thereof afterwards to wit the Same day and Year afd. at the County afd. upon himself Assumed and to the Said John Ponsonby then and there faithfully Promised that he the Said John Whittingham the Sum of Money afd. when he Should be thereto afterwards Required to the Said John Ponsonby well and faithfully would pay and Content Nevertheless the Said John Whittingham his Promise and Assumption afd. in form afd. made Little Regarding but minding and fraudulently intending the Said Ponsonby in that part Craftily and Subtilly to deceive and defraud the Sum of Money afd. unto the Said Ponsonby hath not paid or him for the Same in Any Sort Contented Altho the Same to do the Same John Whittingham Afterwards to wit the Same day and Year afd. and often Since at the County afd. by the Said Ponsonby was Required but |
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Volume 543, Page 143c View pdf image |
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