Volume 543, Page 163b View pdf image |
August Court 1762 163 William Outerbridge in the plea afd. in form following Somerset fst William Outerbridge Late of Somerset County house Carpinter was Attached to Answer unto John Gale & 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 William Outerbridge the fifth day of September Anno Dom. one thousand Seven hundred and Sixty at the Court afd. was indebted unto the Said Gale and Ponsonby in the Sum of thirty nine pounds Eighteen Shillings and two pence one farthing Curt Money of Maryland for the Articles and things in the Account hereto Annexed Mentioned and So thereof indebted being the Said William Outerbridge 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 William Outerbridge 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 ^ Altho the Said William Outerbridge hath Since paid and Satisfyed unto the Said Gale and Ponsonby the Sum of Twenty Seven pounds Nine Shillings and Seven pence Curt Money of Maryland part of the afd. Sum of thirty Nine pounds Eighteen Shillings and two pence one farthing Curt Money afd. Nevertheless as to Twelve pounds Eight Shillings and Seven pence farthing Curt Money afd. Residue of the afd. Sum of thirty nine pounds Eighteen Shillings and two pence farthing the Said William Outerbridge his promise and Assumption afd. in form A made nothing 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. Residue 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 William Outerbridge 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 him 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 thirty Pounds Curt Money of Maryland and thereof they bring Suit and So forth Pledges &c. J: Doe & R: Roe Whereupon the Said William Outerbridge in his Proper Person in Custody as 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. Gale and Ponsonby here also &c. Att which day here Came as well the afd. John Gale and John Ponsonby by their Attorneys afd. as before defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. Gale & 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 Same Gale and Ponsonby by him by Occasion of the Premisses in that Part Sustained the Same William Saith and Acknowledged that the afd. Gale and Ponsonby hath Sustained Damages by Occasion of the Premisses Shillings and Seven pence farthing Curt Money and not More and because the afd. Gale and Ponsonby denys not this but the Same Allegation Grants to be true prays Judgment for those Damages Above Acknowledged together with his Costs and Charges afd. to him to be Adjudged &c Therefore by Consent of the parties afd. it is Considered that the afd. Gale and Ponsonby Recover Against the afd. William Outerbridge their Damages afd. to the afd. Twelve Pounds Eight Shillings and Seven pence farthing Curt Money by the Same William in form afd. Acknowledged 273 as also: Pounds of Tobacco for their Costs and Charges afd. to the Same Gale & Ponsonby at his Request by the Court now here of the Assent of the parties afd. Adjudged which Certain Damages in the whole Amount to Twelve pounds Eight Shillings and Seven pence farthing Curt Money and Pounds of Tobacco and the afd. William in Mercy &c
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Volume 543, Page 163b View pdf image |
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