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Somerset County Judicial Records, 1730-1733
Volume 842, Page 246   View pdf image
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Aug.t Court               1732                            246

the Sum of five pounds tenn Shillings as by a Certain Note by the Said W.m
Signed Dated the the Day and Year aforesd may in Court appear and being
so thereof Indebted the Said Will.m in and by the Said Note upon himselfe
did assume and to the Said John then and there did faithfully
promise that he the Said Will.m the Said five pounds ten Shillings
Vizt a pistole to be paid in Cash and the remainder to be paid in tobacco
at one penny per pound in the Sume Space of four Months from the
day of the Date date of the Said Note to the Said John he would well
and faithfully pay and Content  Nevertheless the Said Will.m his promise
and assumption afd in forme aforesd  Made Nothing Regarding but
plotting and fraudulently Intending the Said John in that Pte Craftilly
and Subtilly to deceive and Defraud the Said five pounds ten Shillings
to the Said John tho' often thereunto requested ^according^ to the Contents of the
Said Note hath not paid or Contented but the Same to him hitherto to
pay or Content hath Refused and Still doth Refuse and Deny whereupon
the Said John Saith he is worse and hath Damage to the
Value of Eleven pounds Current Money of Maryland and thereupon
he brings Suite &c                            Pledges &c   Jno Doe R Roe

       A Copy of the foregoeing declaration was made to be Served on the aforesaid William Smith in Custody
as aforesaid
                               Att which said next Court to witt the fifteenth day of August Anno Dom One thousand
Seven hundred and thirty two Came againe as well the aforesaid John Fleming by his attorney afd
as the aforesaid William Smith in Custody as aforesaid and whereupon the aforesaid John Fleming by
his attorneys aforesaid discharges the Said William Smith from the Committment afd   therefore it is
Considered that the afd William Smith of the Commitment afd be acquitt &c

             Thereupon the Said William Smith by Robt Jenkins Henry his attry Comes and defends the force &
Injury when &c and Says that he Cannot gainsay the action aforesd of the aforesd
John nor but that he did assume upon himself in Manner and forme as
the aforesd John above against him Complained and as to the Damage of
the Same John by him by occasion of the premises in that part Sustained
the Same W.m Saith and Confesseth that the aforesd John ^has^ Sustained ^damages^ by
occasion of the premises beyound his Costs and Charges by him about
his Suit in that part apposed to five pounds ten Shillings and not more
and because the afd John Deny's Not this but the Same Allegation
                                                                                           Confesseth


 
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Somerset County Judicial Records, 1730-1733
Volume 842, Page 246   View pdf image
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