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March Court
1733
(126) August in the year Seventeen hundred & thirty two aforesd at Somerset County aforesd upon himself Did Assume and to the said Thomas then & there Did faithfully promise to pay him the aforesd Sum of Money According to the tenor of that same Note Nevertheless the said Richard his promisse & assumption aforesd in forme aforesd made Nothing regarding but plotting and fraudulently Intending the s.d Thomas in that parte Craftilly and Subtilly to Deceive and Defraud the s.d Nine pounds and four pence to the said Thomas According to the tenor of the said Note hath not paid or him for the same in any Sort Contented altho' the same to Do the said Richard by the sd Thomas on the afores.d first Day of February in the Year Seventeen hundred & thirty Two aforesd & often afterwards at Somerset County aforesd he was thereunto Requested but the same to him hitherto to pay hath refused and Still Doth refuse and Deny to the Damage of the said Thomas of Eighteen pounds & Eight pence Curr.t money of Maryland and thereupon he brings suite &a Pledges &a John Doe & R Roe A Copy of the foregoing declaration was made and Sent to be Served on the defend.t with the writ ^in the plea^ afd according to act of assembly in Such Case made and provided Att which said third tuesday of March to witt the Ninteenth day of the Same month anno Dom One thousand Seven hundred and thirty three being the day of the return of the said writt Cometh the said Thomas Gray by his attorney afd and the sher of Somerset County to whom the foregoing writt was directed Likewise Comes and makes Return thereof to thereof Court here Endorsed Cepi Corpus declaration in time p Joshua Caldwell sher Whereupon the said Richard Phillips present here in Court in his proper person at the Prayer of the said Thomas Gray by his attorney afd the said Richard Phillips is adjudged to give Speciall bail to the action afd thereupon a Certain William Kitchen of Somerset County Mercht present here in Court in his proper person undertook for the said Richd Phillips And assumed upon himself that if in Case the said Thomas Gray should recover Judgm.t in the plea afd against the said Richard Phillips or that the said Richard Phillips should be therein Convict that then he the said Richard Phillips should pay the Condemnation of the Court thereupon or Render his body to the Custody of the sher of Somerset County in satisfaction thereof or that he the said William Kitchen will do the same for him &a Whereupon the said Richard Phillips in his own proper person Comes and defends the force and Injury when &a and saith that he Cannot Gainsay the action afd of the afd Thomas Gray nor Can he say but that he did assume upon himselfe in manner and form as the afd Thomas Gray above against him hath Complained and as to the damage of the same Tho.s by him by occasion of the premisses in that part Sustained the same Richard saith and Confesseth that the afd Thomas hath sustained damages by occasion of the premisses further than his Costs and Charges by him about his Suit in that part apposed to Nine pounds and four pence and not more and because the afd |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 126 View pdf image |
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