Volume 851, Page 77b View pdf image |
August Court
1735
(77) Att which said next Court to witt the Seventeenth day of June Ann.o Dom One thousand Seven hundred and thirty five Came againe as well the af.d Joseph M.cClester by his attorney af.d as the af.d Stanton Atkins in his proper person and Whereupon the said Stanton prays further leave thereof to Imparle hereuntill next Court and he hath it and the same day is given to the af.d Joseph herealso &.a Att which said next Court to witt the Ninteenth day of August One thousand Seven hundred and thirty five came againe the said Joseph M.cClester by his attorney af.d and prays that the af.d Stanton ^Atkins^ to his declaration aforesaid may answer but the same Stanton says nothing in barr or preclusion of the action af.d of the af.d Joseph by which the same Joseph remaineth against the af.d Stanton thereof undefended &.a Therefore it is Considered by the Court here that the aforesid Joseph M.cClester recover against the aforesaid Stanton Atkins his debt af.d and his damages Sustained by occasion of the detaining of the same debt to three hundred & thirty Seven pounds 337 of tobacco to the same Joseph by the Court here of his assent adjudged and the af.d defend.t in Mercy &a
Patrick Connelly was indebted to the said John in the sum of four pounds twelve Shillings & Nine pence Currt money of Maryland & two hundred and fifty Nine pounds of tobacco on Consideration that he s.d John did then & there at the Especiall request & Instance of him the s.d Thomas agree to take one thousand pounds of tobacco for the Sum of four pounds three Shillings & four pence part of the debt afores.d he the s.d Thomas upon himself did assume & to the said John then and there faithfully promise that he the said Thomas would well & faithfully Content & pay to the said John the quantity of one thousand pounds of tobacco when he should be afterwards thereto required if the af.d Patrick did not pay the same to the said John and the said John in fact saith that the said Patrick hath not paid to the said John the said one thousand pounds of tobacco or any part thereof of which the said Thomas afterwards to wit the first day of November in the Year af.d at the County af.d had notice Nevertheless the said Thomas his promise & assumption af.d in manner & form af.d made not regarding but minding & fraudulently intending the af.d John in that part craftilly & subtilly to deceive & defraud the said one thousand pounds of tobacco or any part thereof to the said John hitherto hath not paid or him for the same in any sort Contented altho' the same to the said John to pay afterwards to wit the day & year last mentioned at the County af.d & often since that time the said Thomas was required but the same to the said John to pay the said Thomas hath altogether refused & still doth refuse to the damage of the said John two thousand pounds of tobacco & thereof he brings Suit Pledges &.a John Doe & R: Roe Whereupon Came here into Court the said Thomas Fletcher in his proper person and thereupon at the prayer of the aforesaid John Kendell by his attorney afd the said Thomas Fletcher is adjudged to give Speciall Bail to the action afd Whereupon a Certain William Beckingham late of Somerset County Gent |
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Volume 851, Page 77b View pdf image |
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