Volume 543, Page 197b View pdf image |
November Court 1762 197 Complained of the afd. Southy Wheeler in the plea afd. in form following Vizt Somerset fst Southy Wheeler Late of Somerset County Planter was Attached to Answer unto John Gale and 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 Southy the viii day of September Anno Dom. MDCCLX at the County afd. was Indebted unto the Said Gale and Ponsonby in the Sum of Two pounds Seventeen Shillings and Two pence for the Articles And things in the Account hereto Annexed mentioned and So thereof Indebted being the Said Southey 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 Southey 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 Nevertheless the Said Southy his promise and Assumption afd. in form afd. made Little Regarding but minding and fraudulently intending the Said Gale and Ponsonby in this Particular Craftily and Subtilly to deceive and defraud the Sum of Money 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 Southy 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 denys Whereupon the Said Gale and Ponsonby Say they are worse and have Damage to the Value of Ten pounds Current Money of Maryland and thereof they bring Suit and So fort Pledges &c. J: Doe & R: Roe 1759 Dr. Southy Wheeler in Account with Messrs. Gale and Ponsonby Cr
the afd. Gale and Ponsonby have Sustained Damages by Occasion of the premisses beyond their Costs & Charges by them about their Suit in that part Apposed to Two pound Seventeen Shillings and Two pence Curt. Money and not More and because the afd. Gale and Ponsonby deny not this but the Same Allegation Grants to be true Pray Judgment for those damages Above Acknowledged together with their Costs and Charges afd. to them to be Adjudged &c Therefore by Consent of the Parties afd. it is Considered that the afd. Gale and Ponsonby Recover Against the afd. Southy Wheeler his Damages afd. to the afd. Two pound Seventeen Shillings and Two pence Curt. Money by the afd. Southy in form afd. Acknowledged as also 205: 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 Seventeen Shillings and Two pence Current Money and Pounds of Tobacco and the afd. Southy in Mercy &c |
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Volume 543, Page 197b View pdf image |
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