| Volume 543, Page 242b View pdf image |
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June Court 1763 242 Suit in that part opposed to Eight pound four Shillings and Two pence Curt: Money and not more and because the afsd: James Houston denies not this but the same Allegation Grants to be true prays Judgement for these damages above acknowledged together with his costs and charges afsd: to him to be adjudged &c afd Therefore by consent of the parties ^ it is considered that the afsd: James Houston Recover against the afsd Joseph Holder his Damages afsd: to the afsd: Eight pound four Shillings and Two pence Curt Money by the afsd Joseph in form afsd: acknowledged as also pounds of Tobacco for his Costs and charges afsd: to the same James Houston at his request by the Court now here of the assent of the parties afsd: adjudged which certain damages in the whole amount to 205 Curt: Money and pounds of Tobacco and the afsd: Joseph in Mercy & So Forth
Somerset to be held at princess Ann Town the third tuesday of June Anno Domini One thousand seven hundred and sixty three to answer unto James Houston of a plea of trespass upon the case &c & the same day is given to the afd James here &c Att which day here came the afsd: James Houston by George Hayward his Attorney & the sheriffe to witt Ephraim Wilson now here returned that he had taken the afsd Edward Bennett whose body here at this day he had ready to answer the afsd: James Houston of the afsd: plea as to him it was commanded and So Forth And hereupon the afsd: James Houston complained against the afsd: Edward Bennett in the plea afsd: in form following Somerset fst Edward Bennitt Late of Somerset County planter was attached to answer unto James Houston of a plea of trespass upon the case & So Forth And Whereupon the said James by Geo: Hayward Seventh his Atty complains that whereas the said Edward the Twenty ^ day of October in the year of our Lord God one thousand seven hundred sixty & Two at the county afsd: was Indebted unto the said James in the sum of Eighteen Pounds Eight Shillings and One penny halfpenny Current Money of Maryland for the articles & things in the account hereto annexed mentioned and So thereof Indebted being the said Edward in consideration thereof afterwards to wit the same day & year afsd: at the county afsd: upon the himself assumed & to the said James then and there faithfully promised that he the said Edward the sum of Money afsd: when he should be thereto afterwards required unto the said James well and faithfully would pay & content Nevertheless the said Edward his promise and assumption afsd: in form afsd: made Little Regarding but minding and fraudu- -lently Intending the said James in this particular Craftily & Subtilly to deceive and defraud the sum of money afsd: unto the said James hath not paid or him for the same in any Sort Contented (altho the same to do the same Edward afterwards to wit the same day & year afsd: and often since at the county afsd: by the said James was required) but the same to him to pay hitherto altogether hath refused & still doth refuse & unjustly deny whereupon the said James 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 afsd: James Houston the afsd: Edward Bennett is adjudged to give special bail to the action afsd: Thereupon a certain Christopher Piper of Somerset County present here in Court in his proper person undertook for the said Edward Bennet & assumed upon himself that if it Should happen that Judgement in the plea afsd should be rendred for the Said James Houston against the afsd: Edward Bennett or that the said Edward should be therein convict that then he the said Edward should pay & Satisfy unto the afsd: James Houston the Judgement of the Court thereupon or render his body in Execution of such Judgement to the prison of the sheriff of the County afsd: in satisfaction thereof or that he the said Chris: Piper will do the same for him &c And hereupon the afsd: Edward Bennett by Littleton Dennis his Attorney comes & defends the force & injury when &c and says that he cannot deny the action afsd: James Houston nor but that he assumed upon himself in man -ner & form as the afsd: James Houston above against him hath complained and as to the damage of the Same James by him by occasion of the premises in that part Sustained the Same Edward Bennett saith and acknowledgeth that the afsd James hath Sustained damages by occasion of the premises beyond his Costs and charges by him about his Suit in that part opposed to Eighteen Pound Eight Shillings and One penny half penny Curt: Money and not more and because the afsd: James Houston denies not this but the same m allegation grants to be true prays Judge^nt for these damages above acknowledged together with his cost & charges afsd: to him to be adjudged &c Therefore by consent of the parties afsd: it is considered that the afsd. James Houston recover against the afd Edward Bennett his damages afsd: To the afsd: Eighteen pound halfpenny Eight Shillings & One penny ^ Curt: Money by the afsd: Edward in form afd acknowledged as also pounds |
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| Volume 543, Page 242b View pdf image |
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