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August Court 1760 39 did make his Certain Note in Writing Called a promissary Note With his Proper name and hand thereto then & there subscribed the date whereof is ye. same day & Year afd. by which same note the same John Did promise to pay or Cause to be Paid unto ye said Thomas or his Order on or before the tenth day of July next Ensuing the date of ye Note afd. for Value Recd the sum of three Pounds seventeen shillings & ten pence Current money of Maryland by means whereof ye said John became Liable to pay unto the said Thomas the sum of Money afd. in ye note afd. Mentioned and so thereof Liable being ye. said John in Consideration thereof afterwards, to wit, first the same day & Year ^ aforesaid at ye County aforesaid upon himself Did Assume and to the said Thomas then & there faithfully Promise that he the said John the sum of money afd. when he should be thereto afterwards Required unto ye said Thomas well & faithfully would pay & Content Nevertheless the said John his promise and Assumption afd. in form afd. made Not Regarding the sum of Money afd. unto ye. said Thomas Hath not paid or him for ye same in any sort Contented (altho the same to do the same John Afterwards, to wit, the same day & Year Last afd. and often since at the County afd. by ye. said Thomas was required) but the same to him to pay hitherto hath Refussed and still doth Refusse Whereupon the said Thomas says he is worse and hath Damage to ye Value of ten pounds Current money of Maryland and thereof he brings Suit & so forth Pledges &c. John Doe and Richard Roe A Copy of the foregoing declaration was made and Sent to be Served on ye Defendant in order for Speedy Tryall Att which day here Came the afd. Thomas Muir by Wm. Hayward his Attorney and the sherriffe to wit John Dennis Gentleman now here Returned that he had taken the afd. John Waller whose Body here at this day he had Ready to Answer the afd. Thomas Muir of ye. afd. Plea as to him it was Commanded and further the same Sherriffe Returned that he had Served the afd. John Waller with a Copy of the foregoing Declaration According to Act of Assembly in Such Case provided &c. Whereupon ye said John Waller at ye Prayer of ye. afd. Thomas Muir is adjudged to give Special Bail to the action afd. Thereupon A Certain Jacob Spear of Somerset County Planter Present here in Court in his proper person undertook for ye. said John Waller that if it Should happen that Judgment in ye. plea afd. Should be Rendered for ye. said Thomas Muir against ye. aforesaid John Waller or that he the said John Should be therein Convict that then he the said John Should pay & Satisfie unto ye. afd. Thomas ye. Judgment of ye Court thereupon or Render his Body in Execution of Such Judgment to the Prison of ye sherriffe of ye. County afd. in Satisfaction thereof or that he the said Jacob Spear will do ye same for him &c. And hereupon the said John Waller by Littleton Dennis his Attorney Comes and Defends Thomas the force and Injury when &c. And Saith that he Cannot deny the action of ye afd. ^ nor but that he did Assume upon himself in manner & form as ye. afd. Thomas above agt. by him hath Complained and as to the Damage of ye Same Thomas Muir ^ him by Occasion of ye. Premisses in that part sustained the same John Saith & acknowledgeth that the afd. Thomas hath sustained Damages by Occasion of ye. Premisses Beyond his Costs & Charges by him about his Suit in that part Apposed to three pounds Seventeen shillings & ten pence Current money & not more & because the afd. Thomas denys not this but the Same allegation grants to be true prays Judgment for those Damages above acknowledged together with His Costs & Charges afd. to him to be adjudged Therefore by Consent of ye. Parties afd. it is Considered that the afd. Thomas Recover against the afd. John his Damages afd. to the afd. three pounds & Seventeen shillings & ten pence Current money by ye. same John in form afd. Acknowledged as also Pounds of Tobacco |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 39 View pdf image |
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