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August Court 1762 178 in Execution of such Judgement to the prison of the sheriff of somerset county in satisfaction thereof or that he the said Thomas Hayward will do the same for him &c And hereupon the afd. Benjamin Burridge puts in his place George Hayward Gent Attorney at Law against the afd. John Dennis of the afd. plea Whereupon at the prayer of the parties afd. Day is to them now here given until next court to be held at princess Ann Town the third Tuesday of June then next following in the state that now saveing to the parties afd. Att which day here came the parties afd. by their Attorneys afd. and hereupon the afd. John Dennis complained against the afd. Benjamin Burridge in the plea afd. in form following Somerset County fst Benjamin Burridge late of somerset County Gent was attached to answer unto John Dennis of a plea of tres- -pass upon the case and so forth And Whereupon the said John by William Hayward his Attorney compla -ins that whereas the afd. Benjamin the day of in the year of our Lord one thousand seven hundred sixty and at somerset county afd. accounted with the afd. John for divers Sums of Money to the same John by the said Benjamin before that time due and unpaid and upon that account the same Benjamin Was found in arrear towards the same John in the sum of seven pounds two shillings and three pence current of Maryland and so in arrear found being the said Ben -jamin in consideration thereof afterwards to wit the same day and year afd. at the county afd. upon himself did assume and to the said John then & there faithfully did promise that he the said Benjamin the afd. sum of seven pounds two shil -lings & three pence Current money afd. to the same John when he should thereto afterwards Requested well and faithfully would pay and content Nevertheless the afd. Benjamin his promise and assumption afd. in form afd. made nothing Regard -ing but minding and fraudulently Entending the same John in that part craftily and subtilly to deceive and defraud he the afd. Benjamin the afd. sum of seven pounds two shillings and three pence current money afd. or any part thereof to the said John hath not paid or him for the same in any sort contented (altho the said Benjamin afterwards (to wit) the same day and year afd. and often since at the county afd. by him the said John was thereunto requested but the said Ben -jamin the same to do hitherto altogether hath refused and still doth refuse and unjustly deny whereby the same John says he is worse and hath damage to the value of twenty pounds current money of Maryland and thereof he brings Suit and so forth J Doe & R Roe Pledges of prosecut: And the afd. Benjamin Burridge by his His Attorney afd. comes and Defends the force & Injury when &c and prays leave thereof to Imparle here until next court to be held at princess Ann Town the third tuesday of August then next following and he hath it and the same day is given to the afd. John Dennis here also Att which day here came as well the afd. John Dennnis as the afd. Benjamin Burridge by their Attoreys afd. and here upon the afd. Benjamin Burridge as before defends the force and injury when &c and says that he cannot Deny the action afd. of the afd. John Dennis nor but that he did assume upon himself in manner and form as the afd. John Dennis above against him hath complained and as to the damage of the same John Dennis by him by occasion of the premisses in that part sustained the same Benjamin Burridge saith and acknowledgeth that the afd. John Dennis hath sustained Damages by occasion of the premisses beyond his costs and charges by him about his suit in that part opposed to seven pounds two shillings and three pence Curt Money and not more and because the afd. John Dennis denies not this but the same allegation grants to be true prays Judgement for these damages above acknowledged together with his costs and charges to him to be adjudged &c Therefore by consent of the parties afd. it is considered that the afd. John Dennis recover against the afd. Benjamin Burridge his Damages afd. to the afd. seven pounds two shillings and three pence Curt Money by the afd. Benjamin 196 in form afd. acknowledged as also pounds of Tobacco for his costs and charges to the same John at his request by the court now here of the assent of the parties afd. adjudged which certain Damages in the whole amount to seven pounds two shillings and three pence Curt Money and pounds of Tobacco and the afd. Benjamin in Mercy &c |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 178 View pdf image |
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