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November Court
1735
117 also by force of the Statute in Such Case thereof Lately made and provided the said John became and is Chargable to pay to the Same John Singleton the aforesaid Two pounds Eleven shillings and Seven pence Currt Cash aforesaid and One pound five Shillings and three pence in Country pay in the note aforesaid Contained and so thereof being Charged the said John Britt in Consideration thereof afterwards (to witt) the Same day and Year Last mentioned at Somerset County aforesaid within the Jurisdiction afd this Court upon himself did assume and to the Same John Singleton then and there faithfully promise to pay to the Same John Singleton the aforesaid Two pounds Eleven Shillings and Seven pence and One pound five Shillings and three pence according to the Tenor of the Same note Nevertheless the aforesaid John Britt his promise and assumption afd in form afd made nothing regarding but Evilly and fraudulently Intending the afd John Singleton in that part Craftilly and Subtilly to deceive and defraud the aforesaid two pounds Eleven Shillings and Seven pence Cash and One pounds five Shillings and three pence in Curr.t pay in the note aforesaid Mentioned or any part thereof to the Same John Singlton he hath not paid nor to him for the Same in any Sort Contented altho' the Same to do the aforesaid John Britt afterwards (to witt) the same day and Year and place Last mentioned and Often afterwards by the Same John Singleton was thereunto requested but the Same to him to pay or in any Sort to Content hath altogether refused and Still doth refuse to the damage of him the said Jn.o Singleton five pounds thirteen Shillings and Seven pence Currant money of Maryland and thereof he brings Suit &a Pledges &a Jno Doe & R Roe And the afd John Britt in his own proper person Cometh and defendeth the force and Injury when &.a and thereupon the said John Singleton by his attorney afd prays that the afd John Britt to his declaration afd may answer where^upon^ the said John Britt hath till monday next being the seventh day of this term by his Lordships Justices here to him given to answer to the declaration afd of the afd John Singleton But the said John Britt at the Same day altho' Solemnly required to answer thereof Cometh not nor nothing thereof Saith in Barr or preclusion of the action afd of the afd John Singleton by which the Same John Singleton remaineth against the afd Jno Britt thereof undefended &a Wherefore the aforesaid John Singleton his damages by Occasion of the non performance of the promise & afd against the afd John Britt ought to recover and have &a thereupon at the prayer of the aforesaid John Singleton and by the Consent of the Same John Singleton the Justices here according to act of assembly in such Case made and provided assessed the damage of him the Same John Singleton by occasion of the Non performance of the promise and assumption afd beyound his Costs and Charges by him about his Suit in that part apposed to three pounds Sixteen Shillings and ten pence Curr.t money of Maryland &a Therefore it is Considered by the Court here that the afd John Singleton recover against the afd Jn.o Brett his damages afd to the afd three pounds Sixteen Shillings and ten pence Currt money of Maryland by the 317 Justices afd in form afd assessed as also three hundred and sixty one pounds of tobo for his Costs and Charges afd to the same Jno Singleton by the Court here of his assent adjudged & ye afd deft in Mercy &a |
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Somerset County Judicial Records, 1735-1737
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