Volume 859, Page 155b View pdf image |
November Court
1737
155 for value received by means whereof and by force of the statute in that case lately made and provided the said John became chargeable to pay to the said David the said sum in the said note contained according to the tenor of that note and so being thereof chargable afterwards 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 David then and there faithfully promise to pay the Contents of the said note according to the tenor of the said note Nevertheless the said John his promise and assumption af.d in form af.d made nothing regarding but minding and fraudulently intending the said David in that part craftily and subtilly to deceive and defraud the af.d sum in the said note contained or any part thereof to the said David hath not paid or him for the same in any sort contented but the same to him to pay he is therto hath refused and still doth refuse altho' thereto afterwards to wit on the fourth day of May Anno Dom seventeen hundred thirty and seven at the County af.d and often since that time by the said David required whereupon the said David says he is damnifyed nine pounds Curr.t money of maryland and thereof he brings suit &a Pledges &.a J Doe & R Roe A Copy of the foregoing declaration was made and sent to be served on the def.t with the writt af.d according to act of assembly in such case made and provided &.a Att which day here before the Justices of his Lordships Court of Somerset at deviding Creek Came the af.d David Wilson by ^his^ attorney af.d and the sherriffe to wit John Henry Gent at the same day here returned that he had taken the said John Bishop whose body hereat this day he had here ready to answer the af.d David Wilson of the af.d plea as to him it was Commanded and the same sherriffe further returned that he had served the same John Bishop with a Copy of the declaration af.d according to act of assembly in such case made and provided &.a Whereupon Came hereinto Court Abraham Outen late of Somerset County Inholder in his proper person before the afd Justices at dividing Creek and undertook for the afd John Bishop and assumed upon himselfe (Likewise the same John Bishop 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 David against him the same John or that he the Same John Should be therein Convicted that then he the said John shall pay and satisfie unto the said David the Judgmt of the Court thereupon or |
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Volume 859, Page 155b View pdf image |
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