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August Court
1737
111 by reason thereof as also by force of the Statute in Such Case Lately made and provided the Same Nicholas became lyable to pay unto the Same Tench the afd Sum of four pounds Currant money of Maryland according to the tenor of the Note afd and so being Lyable the afd Nicholas in Consideration thereof afterwards to witt the afd Twenty Eighth day of September Anno Dom Seventeen hundred thirty and four at Somerset County afd upon himselfe did assume and unto the Same Tenth then and there faithfully did promise to pay unto him the afd four pounds Curr.t money according to the tenor of the Note afd Nevertheless the afd Nicholas his promise & assumption afd nothing regarding but minding and fraudulently Intending the Same Tench in this part Craftilly and Subtilly to deceive and defraude the afd Sum of four pounds or any part thereof unto the Same Tench hath not paid (altho to do the Same by the afd Tench afterward to witt the tenth day of March Anno Dom Seventeen hundred thirty & Six at the County afd the afd Nicholas was required) but that unto him hitherto to pay altogether hath refused and Still doth refuse to the damage of the Same Tench Eight pounds Like Money and five hundred pounds of tobacco and thereupon he bringeth Suit &ca Pledges &c Jno Doe & R Roe Whereupon Came hereinto Court before his Lordships Justices at dividing Creek George Taylor of Somerset County planter in his proper person and undertook for the Same Nicholas Fountain and assumed upon himselfe (Likewise the said Nicholas Fountain present herein Court in his proper person assumed upon himselfe) that if it Should happen that Judgment in the plea afd should be rendered for the Same Tench against him the said Nicholas or that he the said Nicholas should be therein Convicted that then he the said Nicholas should pay and Satisfie unto the said Tench the Judgment of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriffe of the County afd thereto remain untill the same Judgment be fully Satisfied or that he the same Geo Taylor will do the Same for him &c Whereupon the said Nicholas Fountain Jun.r in his proper person Cometh and defendeth the force and Injury when &.c and saith that he Cannot Gainsay the action afd of the afd Tench nor but that he did assume upon himselfe in manner and form as the afd Tench above against him hath Complained and as to the damage of the Same Tench by him by occasion of the premisses in that part Sustained the Same Nicholas saith and acknowledgeth that the afd Tench hath Sustained damages by occasion of the premisses beyond his Costs and Charges by him about his Suit in that part apposed to four pounds Currant money and not more and because the afd Tench denys not this but the Same allegation believes to be true prays Judgment for those damages above acknowledged together with his Costs and Charges afd to him to be adjudged &a Therefore by Consent of |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 111 View pdf image |
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