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March Court
1737
222 One thousand seven hundred and thirty Seven to answer unto Richard Tootell of a plea of trespass upon the Case &.a And the said Richard Tootell declared against the said John Evans in the plea afd in form following Somerset County ss John Evans late of Somerset County planter was attached to answer unto Richard Tootell of a plea of trespass upon the Case &a And Whereupon the same Richard by Robert Jenckins Henry his attorney Complains that Whereas the said John after the first day of May Anno Dom seventeen hundred and five (to witt) the Twenty first day of september in the year of our Lord God one thousand seven hundred Thirty ^and^ four at Somerset County within the Jurisdiction of this Court made his Certain Note in writing Called a Promissary Note with his proper hand thereto subscribed bearing date the same day and year last above mentioned which said Note the aforesaid John to the same Richard did then and there deliver and by the said note did promise to pay to the aforesaid Richard by the Name of Richard Tootell or his order the Sum ^of^ three pounds Ten shillings on or upon the first day of November then next ensuing the date of the same note for value received and by reason thereof as also by vertue of the Statute in such case lately made and provided the same John became Chargeable to pay to the said Richard the said sum of money according to the tenor of the note aforesaid and so the thereof Chargeable being the aforesaid John in Consideration thereof afterwards (to witt) the same day and year last above mentioned at Somerset County aforesaid upon himself did assume and to the same Richard then and there faithfully promise to pay to him the aforesaid sum of money according to the tenor of the same note and the af.d Richard in fact saith that he at any time after making the said note he ther^to^ hath not made or any order of or Concerning the sum of Money in the note aforesaid Contained or of or Concerning the payment of any part thereof Nevertheless the said John his promise ad assumption af.d in form aforesaid made little regarding but minding and fraudulently intending the same Richard in this part Craftily and Subtilly to deceive and Defraud the said sum of Three pounds and ten shillings or any part thereof to the same Richard he hath not as yet paid nor to him for the same in any sort Contented altho the same to do the aforesaid John afterwards (to witt) the same day and year and place last above mentioned and often since that time by the aforesaid Richard he was thereunto Requested but the same to him he to pay or for the same in any sort to Content the same John hath altogether refused and still doth refuse to the damage of the same Richard seven pounds Current money of Maryland and thereof he brings suit &a Pledges &a Jno Doe R Roe A Copy of the foregoing declaration was made and Sent to be Served on the deft with the writt aforesaid according to act of assembly in Such Case made and provided Att which day here before his Lordships Justices At a Court then held at dividing Creek Came the afd Richard Tootell by his attorney afd and the afd Sheriffe to witt John Henry Gent now here returned that he had taken the afd John Evans whose body hereat this day he had ready to answer the afd Richard of the afd plea as to him it was Commanded And the afd John Evans in his proper person Cometh and defendeth the force and Injury |
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Somerset County Judicial Records, 1737-1738
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