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March Court
1736
32 that the said Joseph Macclester should be Convicted that then he the said Joseph Macclester should pay & Satisfie unto the said Richard Davies the Judgm.t of the Court thereupon or render his body in Execution of such Judgmt to the prison of the County afd there remaine untill the Same Judgmt be fully Satisfied unto the same Richard or that they the Same William Beckingham and Geo Douglas will do the Same for him And Whereupon the same Joseph MccClester puts in his place William Beckingham Gent attorney at Law against the afd Richard Davies of the afd Plea and upon this day is Given to the parties afd here before the ^Justices of his^ Lordships County Court of Somerset at dividing Creek untill the third Tuesday of march then next following in the State wherein they now are ^to the parties afd^ &c Att which day here Came againe as well the afd Richard Davies as the afd Joseph Macclester by their attorneys afd and hereupon the same Richard Davies declared against the said Joseph Macclester in the plea aforesaid in form following Somerset County ss.t Joseph Macclester late of Somerset County Gentleman was attached to answer unto Richard Davies of a plea of trespass upon the Case &c And Whereupon the same Richard by William Goldsborough his attorney complaineth that whereas the af.d Joseph after the first day of may in the year of our Lord God seventeen hundred thirty and five to wit the thirtieth day of may Anno Dom seventeen hundred thirty and three at Somerset County af.d did draw his certain note in writing called a promissary note with his proper hand subscribed bearing date the day and year last mentioned and that not unto the said Richard then and there did deliver by which said note the same Joseph did promise to pay unto the same Richard or order the Quantity of sixteen hundred and thirty one pounds of tobacco and eighteen shillings Curr.t money of Maryland for value received and by Reason thereof as also by force of the statute in such Case lately made made and provided the same Joseph became lyable to pay unto the same Richard the af.d Quantity of tobacco and money According to the tenor of the note af.d and so being Lyable the af.d Joseph in Consideration thereof afterward to witt the same thirtieth day of may Anno Dom seventeen hundred thirty and three af.d at Somerset County af.d upon himself did assume and unto the same Richard then and there faithfully did promise to pay unto him the af.d Quantity of tobacco and money according to the tenor of the note aforesaid Nevertheless the aforesaid Joseph his promise and assumption afd nothing regarding but minding and fraudulently intending the same Richard in this part craftily and Subtilly to deceive and defraud the af.d Quantity of tobacco and money or any part thereof unto the same Richard hath not paid (altho to do the same by the af.d Richard afterwards to wit the tenth day of July Anno Dom seventeen hundred thirty and three af.d and often afterwards at the County af.d the af.d Joseph was required) but that unto him hitherto to pay altogether hath |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 32b View pdf image |
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