Archives of Maryland, Volume 0859, Page 0031b - Somerset County Judicial Records, 1737-1738

Somerset County Judicial Records, 1737-1738


	March Court 1736 31 the same day and year and that bill unto the af.^d Joseph M.^ccClester then and there negotiating and Commerce useing did direct and by the same bill did require the said Joseph M^ccClester to pay unto the af.^d Richard Gildart (then and there negotiating and Commerce useing) ^or^ order seven thousand pounds of tobacco for value from him received which said bill so as af.^d made subscribed and directed the same Richard after the making thereof to witt the twentieth day of March Anno Dom seventeen hundred thirty and five af.^d at Somerset County af.^d unto the af.^d Joseph M.^ccClester did shew and the same Joseph that bill according to the use and Custom of Merchants from all the time af.^d used and approved to accept then and there did require and to make payment of the said seven thousand pounds of tobacco unto the af.^d Richard according to the form and effect of the bill af.^d and the same Joseph that bill then and there according to the use and Custom of Merchants did accept and the af.^d seven thousand pounds of tobacco in the same bill mentioned unto the af.^d Richard to pay did promise by pretext of which premises the same Joseph by the Custom of Merchants from all the time af.^d used and approved chargeable and lyable is become and chargeable and lyable was to pay unto the af.^d Richard the af.^d seven thousand pounds of tobacco and so being chargeable and lyable the af.^d Joseph afterwards to witt the same twentieth day of March in the year af.^d in the year af.^d last mentioned at the County af.^d in Consideration of the premises upon himself did assume and unto the same Richard then and there faithfully did promise that he the af.^d Joseph the same seven thousand pounds of tobacco unto the af.^d Richard when thereunto afterward he should be required well and faithfully would pay and Content Nevertheless the af.^d Joseph his promise and assumption af.^d in form af.^d made nothing regarding but minding and fraudulently intending the af.^d Richard in this part craftily and Subtilly to deceive and defraud the af.^d seven thousand pounds of tobacco or any pound thereof unto the same Richard hath not paid nor for the same in any sort Contented (altho to do the same the af.^d Joseph afterwards to witt the same twentieth day of March in the year af.^d last mentioned and often afterwards at the County af.^d by the af.^d Richard was required) but that unto him hitherto to pay or in any sort to content altogether hath refused and still doth refuse to the damage of the same Richard ten thousand pounds of tobacco and thereupon he bringeth suit &^c Pledges &.^c John Doe & R Roe And whereupon the said Joseph M^ccClester in his proper person Comes and defends the force and Injury when &^c and saith that he Cannot deny the action afd of the afd Richard Gildart nor but that he did assume upon himself in manner and form as the af.^d Richard above against him hath Complained and as to the damage of the same Richard by him by Occasion

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Somerset County Judicial Records, 1737-1738

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