Volume 543, Page 47b View pdf image |
August Court 1760 47
Ponsonby of A plea of trespass upon the Case &c. And the Same day is given to the afd. Gale and Ponsonby here &c Att which day here Came the afd. John Gale and John Ponsonby by their Attorney afd. And the Sheriff to witt John Dennis Gent. now here Returned that he had taken the afd. Samuel Horsey whose body here at this day he had Ready to Answer the afd. Gale and Ponsonby of the afd. plea as to him it was Commanded Whereupon the afd. Samuel Horsey at the prayer of the afd. John Gale and John Ponsonby is Adjudged to give Special Bail to the Action afd. Thereupon a Certain Stephen Horsey of Somerset County planter present here in Court in his proper person undertook for the Said Samuel Horsey that if it Should happen that Judgment in the plea afd. Should be Rendered for the Said Gale and Ponsonby Against the afd. Samuel Horsey or that he the Said Samuel Should be therein Convict that then he the Said Samuel Should pay and Satisfie unto the afd. Gale and Ponsonby the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Stephen Horsey Will do the Same for him &c. Whereupon the Said Samuel Horsey puts in his place Levin Wilson Gent Attorney at Law Against the afd. Gale & Ponsonby of the afd. plea And thereupon at the prayer of the parties afd. day is to them now here given untill next Court to be held at Princes Ann Town the third Tuesday of August then next following in the State that now Saveing to the parties afd. &c. Att which day here Came the parties afd. by their Attorneys afd. And hereupon the Said Gale and Ponsonby Complained of the afd. Samuel Horsey in the plea afd. in form following Somerset fst Samuel Horsey Late of Somerset County planter was Attached to Answer unto John Gale and John Ponsonby of A plea of trespass upon the Case &. And Whereupon the Said Gale and Ponsonby by William Hayward their Attorney Complain that whereas the Said Samuel the xiii day of October Anno Dom. MDCCLViii at Somerset County afd. was Indebted unto the Said Gale and Ponsonby in the Sum of four pounds Eighteen Shillings and Six pence three farthings Currt. Money of Maryland for the Sundry Articles and things in the Account hereto Annexed mentioned and So thereof Indebted being the Said Samuel in Consideration thereof Afterwards to wit the Same day and Year afd. at the County afd. upon himself Assumed and to the Said Gale and Ponsonby then and there faithfully promised that he the Said Samuel the Sum of Money afd. when he Should be thereto Afterwards Required unto the afd. Gale and Ponsonby well and faithfully would pay and Content Nevertheless the Said Samuel his promise and Assumption afd. in form afd. made Little Regarding but minding and fraudulently Intending the Said Gale and Ponsonby in that part Craftily and Subtilly to deceive and Defraud the Sum of Money afd. unto the Said Gale and Ponsonby hath not paid or them for the Sam in Any Sort Contented (Altho the Same to do the Same Samuel Afterwards to wit the Same day and Year afd. and often Since at the County afd. by the Said Gale and Ponsonby was Required but the Same to them to pay hitherto Altogether hath Refused and Still doth Refuse and unjustly Detain whereupon the Said Gale and Ponsonby Say they are Worse and have Damage to the Value of fifty pounds Curt. Money of Maryland & thereof they bring Suit &c. Pledges &c. J: Doe & R: Roe
deny not this but the Same Allegation Grant to be true pray Judgment for those Damages above Acknowledged together with their Costs and Charges afd. to them to be Adjudged &c Therefore by Consent of the parties afd. it is Considered that the afd. Gale and Ponsonby Recover Against the afd. Samuel Horsey their Damages afd. to the afd. four pound Eighteen Shillings and Six pence three farthings Curt Money by the Same |
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Volume 543, Page 47b View pdf image |
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