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August Court 1762 165 Somerset fst William Outerbridge Late of Somerset County Planter was Attached to Answer unto James Houston of A plea of trespass upon the Case and So forth And Whereupon the Said James by George Hayward his Atty Complains that whereas the Said William the day of in the Year of our Lord One thousand Seven hundred and Sixty and one at the County afd. was Indebted unto the Said James in the Sum of Seven pounds and five Shillings Curt Money of Maryland for divers goods wares and Merchandizes by the Said James before that time Sold and delivered to the Said William at his Special Instance and Request and being So Indebted 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 James then and there faithfully promised that he the Said William Would well and truly pay the Said Sum of Seven pounds and five Shillings Curt Money afd. to the Said James when he the Said William Should be thereto Afterwards Required and also Whereas afterwards to wit the Same day and Year afd. at the County afd. in Consideration that the Said James had before that Time Sold and Delivered to the Said William at his Like Special Instance and Request divers Other Goods Wares and Merchandizes he the Said William undertook and then and there faithfully Promised the Said James that he the Said William Would when he Should be thereto Required well and truly Pay to the Said James So Much Money as the Goods Wares and Merchandizes Last Above Mentioned were at the time of the Sale and Delivery thereof Reasonably Worth And the Said James in fact Saith that the Goods Wares and Merchandizes Last above Mentioned were at the time of the Sale and delivery thereof Reasonably Worth Other Seven pounds And five Shillings Curt Money afd. of Which the Said William at the County afd. had Notice Nevertheless the Said William not at all Regarding his Said Severall promises and Undertakings made in form afd. but Contriving and fraudulently Intending Craftily and Subtilly to deceive and defraud the Said James in this behalf hath not paid to the Said James the Several Sums of Money afd. altho, afterwards to wit on the day and Year afd. and often Since at the County afd. he the Said William was thereunto Required by the Said James) but hath hitherto Intirely Refused and Still doth Refuse to pay the Same to the damage of the Said James Twenty Pounds Curt Money of Maryland and thereof he brings Suit and So forth Pledges &c. J: De & R. Roe And the afd. William Outerbridge in his Proper person in Custody 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. James here also &c by his Attorney and Att which day here Came as well the afd. James Houston ^ as the afd. William Outerbridge when &c. And Saith that he Cannot deny the Action afd. of the afd. James Houston nor but that he did Assume upon himself in Manner and form as the afd. James above Against him hath Complained and as to the damage of the Same James by him by Occasion of the Premisses in that part Sustained the Same William Saith and Acknowledgeth that the afd. James hath Sustained Damages by Occasion of the Premisses beyond his Costs and Charges by him about his Suit in that part Apposed to Seven pound five Shillings Curt Money and not More and because the afd. James 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. James Houston Recover Against the afd. William Outerbridge his Damages afd. to the afd. Seven pounds and five Shillings Curt Money by the Same William in form afd. Acknowledged as also 225 1/2 Pounds of Tobacco for his Costs and Charges afd. to the Same James at his Request by the Court here of the Assent of the Parties afd. Adjudged which Certain Damages in the Whole Amount to Seven pound and five Shillings Curt Money and Pounds of Tobacco and the afd. William in Mercy &c |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 165 View pdf image |
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