Volume 842, Page 71 View pdf image |
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march court 1730
71 he had it and the same day is Given to the aforesaid plft here also &c Att which Said next Court to witt the Sixteenth day of March anno Dom One thousand Seven hundred & thirty Came again as well the aforesaid Joshua Ward as the aforesaid Henry Williams by their attorneys afd and the Same attorney Says that he is not Informed by the Same Henry his Clyant of any answer for the Same Henry to the aforesaid Joshua in the plea aforesaid to be Given and nothing Else thereof Says by which the Same Joshua Remaines against the aforesaid Henry thereof undefended Wherefore the aforesaid Joshua his damages by Occasion of the non performance of the promise & assumption aforesaid against the aforesaid Henry Ought to Recover Whereupon at the prayer of the afd Joshua and by the Consent of the aforesaid Henry for the Justices here according to act of assembly in Such made & provided to assess ye Damages of the Same Joshua by Occasion of the premisses afd whereupon All and Singular the premisses by the Justices here being Seen heard and fully understood and mature deliberation thereupon had wherefore it Seems to the Justices here that the afd Joshua Ward ^Henry Williams^ did not assume upon himselfe in manner and form as the Said Joshua Ward above against him hath Complained &c Therefore it is Considered that the afd Joshua Ward take nothing by his writt and declaration aforesaid but be in mercy for his falce Clamour and that the Said Henry Williams Goe thereof without day &c and further it is Considered that the aforesaid Henry Williams Recover against the afd Joshua Ward three 325 hundred & Twenty Five pounds of tobacco for his Costs and Charges by him about his defence in that part Sustained to the Same Henry by the Court here of his assent adjudged according to the form of the Statute in Such Cases Lately made and provided and that the afd Henry have thereof execution &c
at somerset County within the Jur of this court was Indebted unto the same John In the sum of twenty six pounds thirteen shillings and four pence currant money of Maryland for Divers services for him at his Especiall Instance and request before that time Done and performed as by Acct herewithin court produced may appear And so thereof being Indebted the said James in Consideration thereof afterwards to witt the same day and year afd at the County aforesd and within the aforesd Jur upon himself assumed and to the said John Stewart then and there faithfully Did promise that he when afterwards he Should be thereunto requested he the afd sum of twenty six pounds thirteen Shill and four pence Currant money of Maryland to the same John would well and faithfully content & pay Nevertheless the said James Lindow his promise and assumption afd in forme aforesd made Little Regarding but Plotting and fraudulently Intending him the same John Stewart in that part Craftilly and Subtilly to Defraud and Deceive he the said James Lindow the aforesaid sum of Twenty Six pounds thirteen Shillings and four pence Currant money of maryland nor any part thereof to the same John Stewart hath paid or him for it in anywise contented altho the said James Lindow afterwards to witt the same day and year afd at the County afd and within the Jur was thereto requested by the same John Stewart but the said James (the) |
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Volume 842, Page 71 View pdf image |
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