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March Court 1763 203 plea of trespass upon the Case and So forth. And Whereupon the said Wilson Hath by Saml Wilson his Attor -ney Complains that whereas the said Benjamin Burridge on the twenty Second Day of December in the Year of our Lord one thousand Seven hundred and Sixty Two at the County afd was Indebted unto the said Wilson in the sum of Five pounds Current Money of Maryland it being for the article in the account hereto annexed mentioned and So thereof Indebted being in Consideration thereof afterwards to wit the day and Year afd at the county afd upon himself did assume and to the said Wilson then and there faithfully did promise that he the said Benjamin the said Sum of Money to the said Wilson Would faithfully pay and Content when he the said Benjamin should be thereto afterwards required. Nevertheless the said Benjamin his promise and assump -tion afd in form afd made Little regarding but plotting and fraudulently Intending the said Wilson in that part Craftily and Subtilly to deceive and defraud the said Sum of Money to the said Wilson he hath not paid nor him for the same in any Sort hitherto Contented but the same to him to pay hitherto altogether hath refused and Still doth refuse altho thereto afterwards to wit the day and Year afd at the County aforesd and often Since by the Said Wilson Required To the damage of the said Wilson in the sum of Fifteen pounds Current Money of Maryland and thereof he brings Suit &c pledges &c J Doe & R Roe made A Copy of the foregoing declaration was ^ and Sent to be Served on the defendant in Order for Speedy Tryal Att which day here Came the afd. Wilson Hath by Samuel Wilson his attorney and the sheriff to wit Ephraim Wilson sheriff of the County afd now here returned that he had taken the afd Benjamin Burridge whose body here at this day he had ready to answer the afd. Wilson Hath of the afd. plea as to him it was Commanded and fur -ther the same sheriff returned that he had Served the afd Benjamin with a Copy of the foregoing Declaration according to act of assembly in Such Case provided and So forth Whereupon at the prayer of the afd. Wilson Hath the afd Benjamin Burridge is adjudged to give Special Bail to the action afd Thereupon a certain William Allen George Hayward, Thomas Hayward, Thomas Robertson Josias Hanson, John Done, John Dennis Junr, George Farring -ton, Henry Lowes Junr, & Joseph Forman, Gent. all present here in Court in their proper persons undertook for the said Benjamin Burridge and assumed upon themselves that if it should Happen that Judgement in the plea afd. Should be Rendred for the Said Wilson Hath against the afd. Benjamin Burridge or that he the Said Benjamin Should be therein Convict that then he the said Benjamin should pay and Satisfy un -to the said Wilson Hath the Judgement of the Court thereupon or render his body in Execution of Such Judgement to the prison of the sheriff of Somerset County in Satisfaction thereof or that they the persons above named will do the same for him Whereupon the said Benjamin by George Hayward his Attorney Comes and Defends the force and Injury when &c And Saith that he cannot deny the action afd of the afd Wilson Heath nor but that he did assume upon himself in Manner and form as the afd. Wilson above against him hath complained and as to the Damage of the same Wilson by him by Occasion of the premises in that part Sustained the same Benjamin Bur -ridge Saith and acknowledgeth that the afd. Wilson hath Sustained Damages by Occasion of the premises beyond his Costs and Charges by him about his Suit in that part opposed to five pounds Curt Money and Not more and because the afd. Wilson Hath denies not this but the same allegation Grants to be true prays Judgement for these damages above acknowledged together with his Costs and charges afd to him to be adjudg -ed &c Therefore by Consent of the parties afd. it is considered that the afd. Wilson Hath recover a -gainst the afd Benjamin Burridge his Damages afd to the afd Five pounds Curt Money by the afd Benjamin in form afd acknowledged as also 207 pounds of Tobacco for his Costs and Charges afd. to the same Wilson Hath at his request by the Court now here of the assent of the parties afd adjudged which Certain damages in the whole amount to Five pounds Curt Money and pounds of Tobacco and the afd Benjamin in Mercy |
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Somerset County Judicial Records, 1760-1763
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