| Volume 841, Page 258b View pdf image |
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March Court
1729
258 Shillings & three pence to the said Moses hath Not paid but the same to him hitherto pay hath Refused & still doth refuse & Deny To the damage of the s.d Moses of Three Pounds tenn shilling Money af.d And thereof he brings Suite &c Francis Allen P Querr Pledges &.c Jno Doe Richd Roe Att which said third tuesday of March to witt the Seventeenth day of the Same month anno Dom One thousand Seven hundred and thirty twenty nine being the day of the Return of the Said Writt Cometh the Said Moses Chaille by his attorney afd and the Sherr of Somerset County to whom the foregoeing Writt was directed Likewise Comes and makes return thereof to the Court here Endorsed in these words following viz.t Cepi Corpus P John Purnall sher Whereupon the Said Sherr altho' Solemnly Called brings not in the body of the Said John Blizard according to the return of his writt in the plea af but makes default &c thereupon the afd Moses Chaille by his attorney afd prays that the afd Sher to witt John Purnall Gent may be amerciaed for his default afd the aforesaid thirty eight Shillings and three pence Currant money of Maryland and all the Costs and Charges that might accrew by means of the prosecution of the action afd Therefore it is Considered by the Court here that the afd Sher to witt John Purnall be amercied for his default aforesaid the afd thirty Eight Shillings and three pence Currant Money and ^as also^ two hundred and five pounds of tobacco by the Court adjudged for Costs and Charges accrewed on the prosecution of the action afd &c
And whereupon the said Alexander by francis Allen his attorney Complaines that whereas the said John the fourth day of July anno Dom Seventeen hundred and twenty Seven at Somerset County aforesaid within the Jurisdiction of this Court was Indebted unto the Said Alexander Five pounds Eighteen Shillings & Eight pence Curr.t Mony of Maryland for Sundry Goods wares & Merchantdizes by the S.d Alex.d to y.e S.d John then & there Sold & Delivered and Being so thereof indebted the S.d Jn.o in Consideration there of y.e day and Year af.d at the County afsd upon himself did Assume and to the S.d Alexander then & there faithfully did promise that he the S.d Jn.o y.e s.d Five pounds Eighteen Shillings & Eight pence to the sd Alexander when thereunto afterwards he should be requested he would well and Faithfully pay and Content Nevertheless the af.d John his promise & assumption af.d in form af.d Made Nothing regarding but plotting & fraudulently Intending the said Alexander in that Part Craftily & Subtilly to deceive and defraud the S.d five pounds Eighteen Shilling & Shilling & Eight pence to the S.d Alexander altho the Same to do the s.d John on the af.d fourth day of July in the Year afsd and often afterwards at the Co.ty af.d by the sd Alexander he was thereunto requested hath Not paid or to him for the Same in Any wise Contented but the same to him he thereto to pay or in any sort to Content hath refused & still doth refuse & deny Whereupon he Saith hes is ^worse^ & hath Damage to the Value of Eleven pounds Curr.t Money of Maryland af.d And thereupon he bring Suite &.a F Allen P Qrte Pledgs do P 8 Jn.o Doe R Roe And the afd John Magloghlyn in his proper person Comes and defends the force and Injury when &.c and Saith that he Cannot gainsay the action afd of the aforesaid Alexander nor but that the did assume upon himselfe in manner and form as the afd Alexander above against him hath Complained and as to the damage of the Same Alexander by him by Occasion of the premisses in that part Sustained the Same John Says and Confesseth that the afd Alexander has Sustained damages by Occasion of the premises further than his Costs and Charges by him about his Suit in that part apposed to five pounds eighteen Shillings and Eight pence Currant Money and not More and because the afd Alexander deneys not this but the same allegation Confesseth to be true prays Judgmt and those damages above Confesed together with his Costs & Charges |
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