Volume 851, Page 43b View pdf image |
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June Court
1735 (43) to be paid unto the same John when thereof afterwards he should be required and the said Joshua further saith that the af.d John afterward to wit the thirtieth day of November Ann Dom seventeen hundred and thirty three at the County af.d (the af.d sum of cash Maryland Currancy or any part thereof in no sort paid or satisfied being) by a certain writing upon the said writing obligatory made and with his proper hand subscribed bearing date the same day and year last mentioned according to the form and affect of the act of assembly af.d the same writing obligatory and the cash Maryland Currancy therein mentioned unto the said Joshua did assign whereof the said Thomas then and there had notice by reason of which premises and also by force of the act of assembly af.d action hath accrued unto the same Joshua as assignee of the af.d John to demand and have from the af.d Thomas the af.d twenty pounds Cash Maryland Currancy as af.d Nevertheless the af.d Thomas altho often required the af.d twenty pounds Cash Maryland Currancy unto the af.d Joshua yet hath not paid but that unto him hitherto to pay altogether hath refused and still doth refuse to the damages of the same Joshua forty pounds Cash Maryland Currancy and thereof he brings suit &.c And doth bring here into Court the writing obligatory af.d which the debt af.d in form af.d doth testify and also the writing of assignment af.d on the said writing obligatory Indors'd &c pledges &.c Jn.o Doe & Rich.d Roe And the aforesaid Thomas Fletcher by Francis Allen his attorney Cometh and defendeth the force and Injury when &.c And saith that he Cannot gainsay ^the^ action af.d of the af.d Joshua assignee as af.d nor can he say but that the writing obligatory af.d is the deed of ^him^ the same Thomas Fletcher nor but that he oweth the same Joshua the af.d twenty pounds Cash Maryland Currancy in manner and form as the af.d Joshua above against him hath declared whereupon the said Joshua prays Judgment for his debt af.d and for his Costs and damages sustained by occasion of the detaining of the same debt to him to be adjudged &cra Therefore it is Considered by the Court here that the afores.d Joshua Caldwell assignee as af.d Recover against the aforesaid Thomas Fletcher his debt aforesaid and his Costs and damages sustained by occasion of the detaining of that same debt to two hundred and Seventy 270 pounds of tobacco to the same Joshua by the Court hereof his assent adjudged and the af.d Thomas in mercy &.c |
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Volume 851, Page 43b View pdf image |
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