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June Court
1737
77 twenty nine and a halfe bushells of Indian Corn in the note aforesaid mentioned according to the form and Effect of the said note and Indorsement thereupon so as afd made and being so thereof Chargable afterwards to witt on the day and Year Last Mentioned at the County afd in Consideration thereof upon himselfe did assume & to the said John Darby then and there faithfully did promise to pay to the afd John Darby the aforesaid One hundred twenty nine and One halfe bushells of Indian Corn in the note afd mentioned according to the tenor of the said note and Indorsment so as aforesaid made Nevertheless the aforesaid Whittington his promise and assumption afd in form afd made nothing regarding but Minding and fraudulently Intending the said John Darby in that part Craftilly and Subtilly to deceive and defraud the afd One hundred and twenty Nine and One half bushells of Indian Corn in the note afd mentioned according to the tenor of the said Note and Indorsm.t thereupon so as afd made hath not paid or him for the Same in any Sort hitherto Contented but that to do altogether hath refused and still doth refuse altho' the Same to do afterwards to witt on the second day of June Anno Dom MDCXXXVi at the County afd and of^ten^ since that time the said Whittington by the said John was required whereupon the said John Darby saith he is the worse and is damnified thirty pounds Curr.t money of maryland and thereof he brings suit &c pledges &c Jno Doe R Roe And whereupon the said Whittington Johnson by his attorney afd Cometh and defendeth the force and Injury when &c and prayeth Leave thereof to Imparle hereuntill the third Tuesday of June then next following and he hath it and the same day is given to the afd John Darby here also &c Att which day here Came againe as well the afd John Darby as the afd Whittington Johnson by their attorneys afd and thereupon the said John prays that the afd Whittington to his declaration afd may answer &.c and the same attorney of the afd Whittington saith that he is not Informed by the same Whittington his Clyant of any answer for the same Whittington to the afd John in the plea afd to be given And nothing Els thereof Saith by which the same John Remaineth against the afd Whittington thereupon undefended For that the Same John his damages by occasion of the Nonperformance of the promise and assumption afd against the afd Whittington ought to recover Whereupon the Justices here at the prayer of the afd John and by the Consent of the aforesaid Whittington according to act of assembly in Such Case provided assessed the damages of the Same John by occasion of the Non performance of the promise and assumption afd beyond his Costs and Charges by him about his Suit in that part apposed to Sixteen pounds three Shillings & nine pence Curr.t money of Maryland &c Therefore it is Considered that the afd John Darby recover against the aforesaid Whittington Johnson his damages afd to the aforesaid Sixteen pounds three Shillings and nine pence Curr.t money of Maryland 391 by the Justices afd in form afd assessed as also pounds of tobacco for his Costs and Charges afd to the Same John at his request by the Court hereof his assent adjudged with Stay of Exn untill the twenty sixth day of December then next & ye afd deft in Mercy &c |
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Somerset County Judicial Records, 1737-1738
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