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Somerset County Judicial Records, 1737-1738
Volume 859, Page 111   View pdf image
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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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