Volume 859, Page 154b View pdf image |
November Court
1737
154 ensuing the date of that note by means whereof and by force of the statute in that case lately made and provided the said James became chargeable chargeable to pay to the said John the said quantity of tobacco according to the tenor of the said note and so being thereof chargeable to witt the day and year last af.d at the County af.d on Consideration thereof upon himself did assume and to the said John then and there faithfully promise to pay the Contents of the said note according to the tenor of the said note Nevertheless the said James his promise and assumption af.d in form af.d made not regarding but minding and fraudulently intending the said John in that part craftily and Subtilly to deceive and defraud the said Contents of the said note according to the tenor of the said note to the said John hath not paid or him for the same in any sort contented but the same to him to pay hath refused and still doth refuse altho' thereto afterwards to wit on the second day of march in the year last af.d at the County af.d and often since that time by the said John required Whereupon says he is damnifyed twenty pounds Curr.t money of maryland and thereof he brings suit &.a Pledges &.a J Doe & R Roe Att which day here before the Justices of his Lordships County Court of Somerset at deviding Creek Came the af.d John Caldwell by his attorney af.d and the sherriffe to witt John Henry Gent at the same day here returned that he had taken the said James Townsend whose body hereat this day he had ready to answer the af.d John Caldwell of the af.d plea as to him it was Commanded and the same sherriffe further returned that he had served the same James Townsend with a Copy of the declaration af.d according to the act of assembly in such case made and provided &.a And the af.d James Townsend in his proper person Cometh and defendeth the force and Injury when &.a and saith that he Cannot deny the action af.d of the af.d John Caldwell above against him hath Complained and as to the damage of the same John by him by occasion of the premisses in that part sustained the same James Townsend ^saith^ and acknowledgeth that the af.d John hath sustained damages by occasion of the premisses beyond his Costs and Charges by him about his suit in that part apposed to eleven hundred and forty pounds of tobacco and not more and because the af.d |
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Volume 859, Page 154b View pdf image |
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