Volume 543, Page 203 View pdf image |
March Court 1763 203 provided further Comes and Defends the force and injury when and So forth and Says that the afd. Thomas his action afd. against him to have and maintain ought not because he says that he the afd. Edmund on the afd. Twenty ninth day of December in the declaration afd. Mentioned was Indebted unto the said Thomas in the sum of Five pounds five shillings and One penny on a Common Contract which was Subject to be discharged in Spanish peices of Eight at Seven shillings & Six pence the peice of Eight or pistoles at twenty Seven shillings the pistole and that in Consideration thereof it was on the afd. Twenty ninth Day of December in the declaration afd. mention -ed Corruptly agreed between the said Thomas and the said Edmund that the said Edmund should Execute the Note in the declaration afd. Mentioned to the afd. Thomas for the sum of Five pounds five shillings and one penny Current Money of Maryland in prosecution of which Corrupt agreement afd. the afd. Edmund after -wards to wit the same twenty ninth day of December in the declaration afd. mentioned at the county afd. did Execute and Deliver unto the afd. Thomas the Note in the declaration afd. Mentioned whereby he bound himself to pay unto the said Thomas the afd. Sum of Five pounds five shillings and one penny Current Money afd. wherein where -by and by the Shift Chieverance and Corrupt Contrivance of him the said Thomas therein he did reserve and Secure to himself the payment of a Larger Sum of Money than the Legal Interest thereon at the Rate of Six pounds for the Loan of one hundred pounds for one Year would have amounted To on the afd. Sum of Five pounds five shillings and one penny subject to be paid unto the said Thomas in Spanish Peices of Eight or pistoles at the Rates afd. which Said Last Sum of Money Subject to be paid as afd. was at the time of the takeing and Executing of the Note afd. only Bona fide due and owing unto the said Thomas by which the said Note in the declaration afd. Mentioned by force of the act of assembly in Such Case made and provided is Void in Law and this the said Edmund is ready to Verify wherefore he prays Judgt if the afd. Thomas his action afd. against him to have ought & So forth And upon this the Same Edmond prays that the Said Thomas may to his pleas afd. Reply thereupon day is Given by the Court now here unto the Said Thomas untill friday Twelve of the Clock being the Eighteenth day of this Instant March to Reply to the Sundry pleas of the afd. Edmund And the Said Thomas at the Same day and Time afd. altho Solemnly Called does not Come nor further Prosecute his Writt and declaration afd. Against the afd. Edmund but makes default Therefore it is Considered that the Said Thomas Jones take nothing by his Writt and declaration afd. but that he and his pledges of Prosecuting to witt John Doe and Richard Roe be thereof in Mercy And that the Said Edmund goe thereof without day &c. And further by the Court now here it is Considered that the Said Edmund Recover Against the afd. Thomas: 129 Pounds of Tobacco for his Costs and Charges by him about his defence in this behalf Sustained to the Same Edmund by the Court now here According to the form of the may Statute in Such Case Lately made and provided Adjudged And the Said Edmund ^ have thereof Execution &c.
Lordships County Court of Somerset To be held at princess Ann Town the Third tuesday of March Next to an -swer unto Wilson Hath of a plea of trespass upon the Case &c and the same day is given to the afd. Wilson here &c And Hereupon the afd. Wilson Complained against the afd. Benjamin in the plea afd. in Form following Somerset fst Benjamin Burridge Late of Somerset County Gent was attached to answer unto Wilson Hath of a plea |
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Volume 543, Page 203 View pdf image |
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