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Somerset County Judicial Records, 1740-1742
Volume 861, Page 108   View pdf image
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              June Court                                  1741                           108

Benjamin Warrington of a plea of trespass upon the Case &c      and the same day is given to the af.d Benj.a here also &c

     And hereupon the said Benj.a declared against the af.d James in the plea af.d in form Following
Somerset ss  James Townsend late of Somerset County planter was attached to answer unto Benj.a Warrington of a plea of
trespass upon the Case &c

             And Whereupon the said Benj.a by Geo Douglas his Attorney Complains that whereas the said James
after the first day of May Anno Dom MDCCV to witt on the xxij day of July Anno Dom MDCCXL at the County af.d
did make his Certain note in writing Called a promissory note with the proper name and hand writing of the same James
Subscribed and that note to the said Benjamin then and there did deliver by which note the said James did promise to pay to the
said Benj.a or order five pounds Curr.t money of Maryland on or before the first day of October next Ensuing the date
of that note for value received by means whereof and by force of the statute in that Case lately made and provided the said
James became Chargeable to pay to the said Benjamin or order the said five pounds according to the tenor of that note
and so being thereof Chargeable afterwards to witt the day and year last af.d on Consideration thereof promissed to pay
to the said Benj.a the said five pounds according to the tenor of that note  Nevertheless the said James his promise af.d in form
af.d made not regarding but minding and fraudulently intending the said Benjamin in that part Craftily and Subtilly to
deceive and defraud the said five pounds according to the tenor of that note to the said Benj.a did not pay or him for the same
hath he hitherto in any sort Contented but that to doe altogether hath denyed and still doth deny altho' thereto in
afterwards to witt the first day of November in the year last af.d at the County af.d and often since that time by the
said Benjamin required whereupon the said Benjamin says he is damnifyed ten pounds Curr.t money of Maryland
and thereof he brings Suit &c                                                                                 Pledg.s &c  J: Doe R: Roe

                                  A Copy of the foregoing declaration was made and Sent to be Served on the defend.t with
the writt in the plea aforesaid
                                                                   Att which day here Came the af.d Benjamin Warrington by his Attorney
af.d and the sheriffe to witt John Hnady Gent now here returned that he had taken the af.d James Townsend whose body
body here at this day he had ready to answer the af.d Benjamin Warrington of the af.d plea as to him it was Commanded

       And further the said sheriffe returned that he had served the af.d James Townsend with a Copy of the foregoing
declaration According to ^Act of^ Assembly in such Case made and provided &c

             Whereupon Came hereinto Court a Certain Saul Townsend of Somerset County planter in his proper person
and undertook for the said James Townsend [Likewise the said James Townsend present here in Court in his proper
person assumed upon himself] that if it should happen that Judgment in the plea af.d should be rendred for
the same Benj.a against the said James or that he the said James should be therein Convict that then he the same James
should be pay and satisfie unto the said Benjamin the Judgment of the Court thereupon or render his body in Execution
of such Judgment to the prison of the sheriffe of the County af.d in satisfaction thereof or that he the same Saul
Towsend will do the same for him &c
                                              And the said James Townsend in his proper person Cometh and defendeth the force &
Injury when &.a and the aforesaid Benjamin Warrington prays that the aforesaid James to his declaration aforesaid
                                                                                                                                                                may


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 108   View pdf image
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