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November
Court 1733 94 as the afd Joshua Caldwell by their attorneys afd and whereupon the same Joshua Caldwell Says that he Cannot the action afd of the afd Michael nor Can he say but that he did assume upon himselfe in manner and form as the afd Michael above above against him hath Complained and as to the damage of the Same Michael by him by Occasion of the premisses in that part Sustained the said Joshua Saith & Confesseth that the afd Michael sayth and Confesseth that the afd Michael hath Sustained damages by occasion of the premisses further than his Costs and Charges by him about his Suit in that part apposed to Eight thousand and One pounds of tobacco and not more and because the afd Michael denyes not this butt the Same allegation Confesseth to be true prays Judgmt and those damages above Confessed together with his Costs and Charges ^afd to him afd^ adjudged &a Therefore by Consent of the parties afd it is Considered that the afd Michael Howard Recovered aga.t the afd Joshua Caldwell his damages afd to the afd Eight thousand and One pounds of tobacco by the same Jos in form afd Confessed as also pounds of tobacco for his Costs and Charges afd to the Same Michael at his request by the Court here and Consent of the parties afd adjudged and the afd Joshua in Mercy &a Whereupon the said Joshua Caldwell present here in Court in his proper person is adjudged at the prayer of the afd Michael by his attorney to give Special bail to the action afd thereupon a Certain John Dennis Jun.r present here in Court assumed upon himselfe and undertook for the said Joshua Caldwell that if in Case the afd Michael Howard should Recover Judgmt against the afd Joshua Caldwell in the plea afd that the Said Joshua Caldwell should be therein Convict that then he the said Joshua Caldwell 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 John Dennis Jun.r will do it for him &a
One thousand seven hundred and thirty two att Somersett County aforesaid within the Jurisdiction of this Court was Indebted unto the said Robert in Five hundred seventy five foot of good pine plank or corn to the value thereof and two hundred and twenty Eight pounds of Tobacco as by account hereunto annexed and herein Court produced may appear and being so thereof Indebted the said William in Consideration thereof upon himself did assume and to the said Robert then and There did faithfully promise that he the said William the said Five hundred & Twenty five foot of Good pine ^plank^ or Corn to the Value thereof and two hundred and twenty Eight pounds of Tobacco to the said Robert when he should be afterwards thereunto requested he would well and faithfully pay and Content Neverthelesse the said William his promise and assumption aforesaid in form aforesaid made nothing regarding but plotting and fraudulently Intending the said Robert in that part Craftilly and Subtilly to deceive and defraud the said five hundred Seventy and five foot of Good pine plank or Corn to the value thereof and two hundred and twenty eight pounds of tobacco to the said Robert 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 Robert saith he is worse and hath damage to the value of four (pounds |
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Somerset County Judicial Records, 1733-1735
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