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June Court
1735 59 there with his proper hand and Subscrib and to the said Thomas then and there did deliver by which said note the said William did promise to pay to the said Thomas Denwood or to his order the sum of three pounds Eight Shillings Curr.t money of Maryland for Value Rec.d by means whereof and by force of the Statute in that Case made and provided the said William became Chargable to pay to the said Thomas the afd sum According to the tenor of that note and being so thereof Chargable on Consideration thereof afterwards to witt the day and Year afd at the County afd upon himselfe did assume and to the said Thomas then and there did promise that he the said W.m would pay to the afd Thomas the said three pounds Eight shillings when he should be afterwards thereof required Nevertheless the said William his promise and assumption afd in form afd made nothing regarding but minding and fraudulently Intending the said Thomas in that part Craftilly & Subtilly to deceive and defraud the said three pounds Eight Shillings (tho' thereof afterwards to witt the day and year afd sat the County afd and often afterwards by the said Thomas thereto requested) to the said Thomas hath not paid but the Same to pay hath refused and Still doth refuse to the damage of the said Thomas Six pounds Curr.t money of maryland and thereof he brings Suite pledges dep Jno Doe R Roe Whereupon the said William Wye Jun.r at the prayer of the afd Thomas Denwood by his attorney afd is adjudged to give Speciall bail to the action afd thereupon a Certain Joseph MaClester of Somerset County Gentleman present herein Court undertook for the said William Wye Jun.r that if in Case the said Thomas Denwood Should recover Judgment in the plea afd against the said William Wye or that the said W.m Wye Should be therein Convict that then he the said William Wye Shall pay the Condemnation of the Court thereupon or render his body in Execution of Such Judgmt to the prison of the Sheriff of Somerset County in Satisfaction thereof or that he the Said Joseph MaClester will do the Same for him &a Whereupon the said William Wye in his proper person Comes and defends the force and Injury when &.a and says that he Cannot gainsay the action afd of the afd Thomas Denwood nor Can he say but that he did assume upon himselfe in manner and form as the afd Thomas Denwood above against him hath Complained and as to the damages of the Same Thomas by him by Occasion of the premisses in that part sustained the Same William saith and Confesseth that the afd Thomas hath Sustained damages by Occasion of the premises beyond his Costs and Charges by him about his Suit in that part aposed to three pounds Eight Shillings Currant money and not more and because the afd Thomas Denys not this but the Same allegation Confesseth to be true prays Judgement for those damages above Confessed together with his Costs and Charges afd ^& sent to be^ adjudged &a Therefore by Consent of the parties afd it is Considered that the afd Thomas Denwood recover against the afd Wm Wye Jun.r his damages afd to three pounds Eight Shillings Currt money afd |
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Somerset County Judicial Records, 1735-1737
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