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August Court 1760 43 Somerset fst. Joshua Atkinson Late of Somerset County Inholder was Attached to Answer unto Jane Lambden of a plea of Trespass upon ye. Case And so forth And Whereupon ye. afd. Jane by Wm Hayward her Atty. Complains that Whereas the afd. Joshua ye. first day of Feby. Anno Dom. MDCCLIX at Somerset County afd. was Indebted unto ye. said Jane in ye. sum of six pounds Current money of Maryland for so much money by ye. afd. Joshua before that time Had & received of the said Jane and so thereof Indebted being ye. said Joshua in Consideration thereof afterwards to wit ye. same Day & Year afd. at ye. County afd. upon himself Assumed And to ye. said Jane then & there Promissed that he ye. said Joshua ye. Sum of money afd. When he should be thereto afterwards Required unto ye. said Jane well and faithfully would pay & Content Nevertheless ye. Said his Promise & Assumption afd. in form afd. made Little Regarding but minding and fraudulently Intending ye. Said Jane in that Part Craftily to deceive and Defraude the Sum of Money afd. unto ye. said Jane hath not paid or her for ye Same in any Sort Contented (Altho ye. Same to Do the Said Joshua Afterwards to wit ye. same day and Year afd. and often Since at ye. County afd. by ye. Said Jane was Required) but ye. Same to her to pay hitherto altogether hath Refussed and still doth Refusse and unjustly Detain whereupon ye. said Jane Says she is worse and hath Damage to ye Value of Twelve Pounds Current Money of Maryland and thereof he brings Suit &c. Pledges &c. John Doe & Richard Roe And ye. aforesaid Joshua Atkinson by Samuel Wilson his Atty. Comes and Defends ye. force and Injury when &c. And prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town ye third Tuesday of August then next following and he hath it & ye. same day is given to ye. afd. Jane here also &c. Att which day here Came as well ye. afd. Jane as ye. afd. Joshua by their Attys. afd. and hereupon ye. said Joshua as before Defends ye. force and Injury when &c. And Saith deny that he Cannot ^ ye Action afd. of ye afd. Jane Lambden nor but that he did assume upon himself in manner and form as ye. afd. Jane above against him hath Complained in that part Sustained the Same Joshua Saith and Acknowledged that the afd. Jane hath Sustained damages by Occasion of the Premisses and as to ye. Damages of ye. Same Jane by him by Occasion of ye. Premisses ^ beyond hir Costs & Charges here about her Suit in that part apposed to Six pounds Current money and not More & because ye. aforesaid Jane denys not this but ye. same Allegation grants to be true prays Judgment for those Damages above acknowledged together with hir Costs & Charges afd. to be therefore by Consent of ye Parties afd. it is Considered that ye. afd. Jane Recover agt. ye. afd. Joshua Atkinson her Damages afd. to ye. afd. Six pounds Current Money by ye. same Joshua in form afd. Acknowledged as also Jane Pounds of Tobacco for her Costs and Charges afd. to ye same ^ at her request by ye. Court now here of ye. Assent of ye. Parties afd. adjudged which Certain Damages in ye. whole amount to Six pounds Curt. money and 204 Pounds of Tobacco & ye afd. Joshua in Mercy &c. Memorandum the pltf. released unto ye. Deft. all ye. above Debt &c |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 43 View pdf image |
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