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March Court
1731
181 And Whereupon the Same Thom.s by Levin Gale his Attorney Complaines Wherefore whereas the aforesd William the tenth Day of May Ann Dom one thousand Seven hundred and thirty at Somerset County within the Jurisdiction of this Court made his Certain note in writing Called a promissary note with his proper hand subscribed bearing date the Same day and year afd and the Same note to the Same Thom.s then and there delivered by which Certain note to the same William promissed to Pay the Same Thom.s the Sum of Six pounds Current Money of Virg of the Value of Six pounds twelve Shillings Currant Money of Maryland and thereof being so Chargable also by Vertue of the Statute in Such Case Lately made and provided the Same W.m became Chargable to pay the Same Thom.s the same sum of six Pounds Currant ^money^ of Virg according to the tenour of the Note afd and so thereof being Chargable the aforesaid William in Consideration thereof afterwards to witt the Same day and Year aforesd at Somerset County afd within the Jurisdiction afd upon himself assumed and to the same Thomas then and there faithfully Promissed top pay to him the afd Thomas the afd Sum of Six pounds Currant Money of Virg according to the tenor of the same note Nevertheless the aforesaid W.m his Promise and Assumption afd not Regarding but Deceiveing and fraudulently Intending the Same Thom.s in that part Craftilly and Subtilly to Deceive and Defraud the aforesd Six pounds Curr Money of Virgenia or any Part thereof ^to^ the Same Thomas hath not paid altho the Same William by the Said Thomas being often Required but the Same to him hitherto to pay hath altogether Refused and still Doth Refuse to the Damage of the same Thom.s of twelve Pounds Like money and thereof brings suit &c Pledges &c John Doe & Richd Roe And the aforesaid William Wye by Thomas Bluet his attorney Cometh and defendeth the force and Injury when &c and Saith that he Cannot Gainsay the action aforesaid of the aforesaid Thomas Nelson nor but that he assumed upon himselfe in manner and form as the aforesaid Thomas Nelson above against him Complained and as to the damage of ye same Thomas Nelson by him by Occasion of the premisses in that part Sustained the same William Saith and Confesseth that the aforesaid Thomas Nelson has Sustained damages by Occasion of the premisses further than his Costs and Charges by him about his Suit in that part apposed to Six pounds Currant Money of Vergenia of the Value of Six pounds twelve shillings Curr money of Maryland and noe more and because the afd Thomas Nelson denys not this but the Same allegation Confesseth to be true prays Judgm.t and those 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 afd Tho.s Nelson Recover against the aforesaid William Wye his damages aforesaid to Six pounds twelve shillings Curr money of Maryland of the Value of Six pounds Curr money of Vergenia by the Same William in form afd 204 Confessed as also two hundred and four pounds of tobacco for his Costs and Charges aforesaid to the Same Thomas at his Request by ye Court here and Consent of ye parties afd adjudged which Certain damages in the whole do amount to Six pounds twelve Shillings Curr money of Maryland & pounds of tobacco and ye afd deft in mercy &c |
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Somerset County Judicial Records, 1730-1733
| Volume 842, Page 181b View pdf image |
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