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530 August Court 1720 of this Court had accounted together of and Concerning diverse Sums of money to the said to the said pltf by the said Deft. before that time oweing and unpaid and upon that accounting the afd. Pltf was found in arrearage to the afd Pltf in the Summ of two pounds five Shillings and nine pence Currant money of Maryland and So being in Arrearage the afd Deft in Consideration thereof then an there upon himself assumed and to the Said pltf then and there faithfully promised that he the Said Deft. the afd Sum of two five Shills and nine pence to the afd. Pltf. when thereunto required would well and truely pay and Content Never the less the afd. Deft. his promise and assumption afd. in form afd. made as to the afd Sum of money amounting to the Sum of two pounds five Shillings and nine pence Currant money afd: he hath not minded nor in any wise keept but altho he the said Deft. hath paid and Satis fied to him the Said pltf the Sume of two Shillings and five pounds Currant money afd. of the afd. two pounds five Shillings and nine pence part Yet the afd. Deft. his pro[mise] and assumption as to the Sum of two pounds three Shillings and four pence of the afd two pounds five Shillings and Nine pence Currant money^afdlitle regarding but plot= ing and fraudulently intending the Said pltf. in that behalf Craftily to deceive the afd Sum of two pounds five Shillings and nine pence Currant money to the afd. pltf hath not paid nor made Content for the Same Altho to pay the same the said Deft. afterwards vizt: the twenty Second day of July in the year afd. at the parish County and Jurisdiction afd. by the afd. pltf was thereunto required But that to him to pay or Content he the Said Deft. hitherto hath deneyed and Still doth deney to the damage of the afd. pltf five pounds of like money afsd. and thereupon he brings Suite &c. Jno. Doe TBowne pr Querr plds Rd Roe Whereupon at the prayer of the pltf the Deft is adjudged to give Special Bail to the action afd and that the Sheriff of Said County keep the Same Deft in Safe Custody untill he Shall give Bail as afd. And the afd. Deft. in his proper person Comes and defends the force and Injury when &c. and Says that he Cannot gainsay the pltf afd. his action so as against him brought nor Can he Say but that the Said pltf ought to Recover his Damages by occasion of the premisses afd. to the Sum of two pounds three Shillings and four: pence Currant money afd. with Cost of Suit against him which the sd pltf doth not gainsay . Therefore it is Considered by the Court here the 17th: day of August Anno Domi 1720. That the Said Edward Mitchell Recover against the Said John Ryall as well the Summ of Two pounds three Shillings and four pence Currant money his Damages afd. in form afd Confessed as also the Summ of Two hundred and fifty four —— pounds of Tobacco by the Court here ad= =judged to him for his Costs and Charges by him about his Suit in this behalf laid out and Expended and the Deft. in Mercy &c Jams Smith Clk |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 530 View pdf image |
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