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Somerset County Judicial Records, 1760-1763
Volume 543, Page 143c   View pdf image
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            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

WH    John Ponsonby

@    Command was given to the Sheriff of Somerset County that he Should take John Whittingham
GH    John Whittingham    Late of Somerset County Planter if he Should be found in his Bailywick and him Should Safe keep
so that he might have his body before the Justices of his Lordships County Court of 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 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 be
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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Somerset County Judicial Records, 1760-1763
Volume 543, Page 143c   View pdf image
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