Volume 846, Page 209b View pdf image |
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(209) promise and assumption of the said Benjamin in his life time so as aforesaid made nothing regarding but plotting and fraudulently Intending the said John in that part Craftily & Subtilly to deceive and defraud the said Twelve pounds Eleven Shillings and ten pence to the said John hath not paid or Contented nor either of them hath paid or Contented altho' the Same Benjamin in his life time (to wit) on the aforesaid Thirtieth day of November in the year aforesaid and often afterwards and the said Capell Since the decease of the said Benjamin (to wit) on the first day of may Seventeen hundred thirty and four and often afterwards at the County aforesaid within the Jurisdiction aforesaid was thereunto requested by him the said John but the Same to the said John to pay the said Benjamin in his life time hath refused and the Same to the said John to pay the said Capel doth Still refuse and deny whereupon the said John saith he is the worse and hath damage to the value of Twenty pounds Current money as afores.d and thereupon he brings Suit &.c pledges &.c John Doe & Ri Roe
defendeth the force and Injury when &.a and Saith that he Cannot gainsay the Action afd of the afd John nor Can he say but that the af.d Benjamin in his life did assume upon himself in manner and form as the afd John above against him hath complained and as to the damage of the same John by him by Occasion of the premisses in that part Sustained the same Capell Saith and Confesseth that the af.d John has Sustained damages by Occasion of the premisses further than his Costs and Charges by him about his suit in that part apposed to the af.d Twelve pounds Eleven Shillings & Ten pence Currant money of Maryland & not more to be levied of the goods and Chattles of the afd Benjamin when ever the Same shall Come to the hands of the afd Capel to be administred on and because the af.d John denys not this but the same allegation Confesseth to be true prays Judgm.t for those damages above Confessed together with his Costs and Charges af.d to him to be adjudged &a Therefore by Consent of the parties afd it is Considered that the afd John Tunstall recover against the af.d Capel King Executor of the same Benjamin King his damages afd to the afd twelve pounds Eleven Shillings & Ten pence Curr.t money of Maryland in form af.d Confessed as also Two hundred and thirty pounds of tob.o for his Costs and Charges afd to the same John by the Court here and Consent of the parties af.d adjudged of the goods and Chattells which |
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Volume 846, Page 209b View pdf image |
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