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June Court 1763 231 Att which day here came the afd Jonathan Dalby by George Hayward his Attorney & the sheriffe to witt Ephraim Wilson now here returned that he had taken the afd John Garlington whose body here at this day he had ready to answer the afd Jonathan Dalby of the plea afd as to him it was commanded &c And hereupon the afd Jonathan Dalbey Complained against the afd John Garlington in the plea afd in form following Somerset fst John Garlington Late of Somerset County planter was attached to answer unto Jonathan Dalbey of a plea of trespass upon the case & So Forth And Whereupon the said Jonathan Dalbey by George Hayward his Atty: complains that whereas the said John the seventeenth day of February Anno Dom. MDCCLXII at the county afd by his certain note in writing commonly called a promissary Note with his proper Name thereto subscribed & the said note to the said Jonathan then & there did deliver by which note the said John did promise to pay or cause to be paid to the said Jonathan by the Name of Jonathan Dalbey the sum of four pounds ten shillings Lawfull Money of Maryland for Value Received by means whereof as also by force of the statute in such case Lately made & provided the said John became Liable to pay or cause to be paid to the said Jonathan the afd. sum of four pounds & ten shillings Current Money afd in the Note afd mentioned agreeable to the Tenor of the said and so thereof liable being the said John in consideration thereof after -wards to wit the same Day & year afd: at the county afd upon himself assumed & to the said Jonathan then and there faithfully promised that he the said John the sum of money afd in the Note afd afterwards mentioned when he should be thereto ^ required unto the said Jonathan well & faithfully would pay & content Nevertheless the said John his promise & assumption afd in form afd made little regarding but minding and fraudulently Intending the said Jonathan in this behalf craftily & subtilly to deceive and defraud the sum of money afd. in the Note afd. mentioned unto the said Jonathan hath not paid or him for the same in any Sort contented (altho the same to Do the same John afterwards to witt the same day and year afsd and often since at the county afsd by the said Jonathan was Required) but the same to him to pay hitherto altogether hath refused and still doth refuse & unjustly deny Where -upon the said Jonathan says he is worse & hath damage to the Value of twenty Pounds Current money of Maryland & thereof he brings Suit & So Forth pledges &c J Doe R Roe Whereupon at the prayer of the afd Jonathan Dalbey the afd John Garlington is adjudged to give special Bail to the action afd Hereupon a certain James Hitch present here in Court in his proper person undertook for the said John Garlington and assumed upon himself that if it should happen that Judgement in the plea afsd should be rendred for the said Jonathan Dalby against the afd John Garlington or that the said John should be therein convict that then he the said John should pay and satisfy unto the afd Jonathan Dalby the Judgement of the court there -upon or render his body in Execution of such Judgement to the prison of the sheriff of the county afd in satisfaction thereof or that he the said James Hitch will doe the same for him &c Whereupon the said John Garlington by William Allen his Attorney comes & defends the force and injury when &c. & saith that he cannot deny the action afd of the afd Jonathan Dalby nor but that he did assume upon himself in manner & form as the afd Jonathan Dalbey above against him hath complained and as to the damage of the same Jonathan by him by occasion of the premises in that part Sustained the same john Garlington saith and acknowledgeth that the afd Jonathan hath sustained damages by occasion of the premises beyond his costs and charges by him about his suit in that part opposed to four pounds ten shillings Curt: Money and not more and because the afd Jonathan Dalby denys 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 Jonathan Dalbey recover against the afd John Garlington his Damages afd to the afd four pounds ten shillings Curt: Money by the afd John in form afd acknowledged as also pounds of Tobacco for his costs and charges afd to the same Jonathan Dalby |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 231 View pdf image |
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