Volume 842, Page 11 View pdf image |
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August Court 1730
11 And the aforesaid Henry Fitzwaters in his Own proper person Comes and defends the force and Injury when &c and says that he Cannot gainsay the action aforesaid of the aforesaid John Tunstall nor but that he did assume upon himselfe in manner and form as the aforesaid John above against him hath Complained and as to the damage of the Same John by him by Occasion of the premisses beyound his Costs and Charges by him about his Suit in that part apposed to One thousand four hundred and forty six pounds of tobacco and tenn pounds Currant mony of Maryland and not more and because the aforesaid John denys not this but the Same allegation Confesseth to be true prays Judgmt for his damages above Confessed together with his Costs and Charges aforesaid to him adjudged &c Therefore by Consent of the parties aforesaid it is Considered that the aforesaid John Tunstall Recover against the aforesaid Henry Fitzwaters his damages aforesaid to the aforesaid One thousand four hundred and forty Six pounds of tobacco and tenn pounds Currant money by the same Henry in form aforesaid Confessed as also 313 three hundred and thirteen pounds of tob.o for his Costs and Charges aforesaid to the same John at his Request by the Court here by Consent of the partys afd adjudged which Certain Damages in the whole do amount to ten pounds Currant Money and three hundred & thirteen pounds of tobacco and the aforesaid defend.t in Mercy &c
to be held at dividing Creek the third tuesday of August then Next to answer unto Andrew Scott of a plea of trespass upon the Case &.c And that thereof he Should not fail &c And the aforesaid Andrew Scott by Levin Gale his attorney Complained against the aforesaid Hugh Scott in the plea aforesaid as followeth vizt Somerset ss Hugh Scott late of Somerset County Merchant was attached to answer unto Andrew Scott of a plea of trespass upon the Case &c And whereupon the same Andrew by Levin Gale his attorney complaines that whereas the aforesaid Hugh the tenth day of March Anno Dom One thousand Seven hundred and ^twenty^ nine at somerset County within the Jurisdiction of this Court was Indebted unto the same Andrew in the Sum of Six pounds elven shillings Currant mony of Maryland and twenty two pounds of tobacco as by account hereunto annexed and hereinto Court brought may appeare and so thereof being Indebted the said Hugh in Consideration afterwards to wit the same day and year aforesaid at the County aforesaid and within the aforesaid Jurisdiction aft upon himselfe assumed and to the same Andrew then and there faithfully promised that he when afterwards he should be thereto Requested he ^ye^ aforesaid Sum of Six pounds eleven Shillings Currant mony and twenty two pounds of tobacco or any part thereof to the Same Andrew hath not paid altho' the Same to do the afd Hugh afterwards viz.t the Same day and year aforesaid at the County aforesaid and within the aforesaid Jurisdiction by the Same Andrew was Requested but he the same hitherto to do hath altogether refused and still doth refuse whereby the Same Andw Says he is worse and hath damage to the value of thirteen pounds two shillings Like mony and forty two pounds of tobacco and thereof he brings this Suit &.c L Gale Quer Pledges &c Jno Doe R Roe
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Volume 842, Page 11 View pdf image |
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