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June Court
1741
109 Henry the term in the said note specifyed Nevertheless the said William his severall promisses and assumptions afd in form afd made not regarding but minding and fraudulently Intending the said Henry in that part Craftilly and Subtilly to deceive and defraud the severall sums of money in every of the said notes mentioned or any part thereof to the said Henry hath not paid or in any sort hitherto Contented or the work Labour or service in all or any of the said notes mentioned or any part thereof according to the tenor of the said severall notes hath not in any sort performed but the said Severall sums of money to pay or the services afd to perform hitherto altogether hath refused and still doth refuse altho' the same to doe the said William afterwards to wit on the sixteenth day of March in the year afd at the County afd and often since that time by the said Henry was required whereupon the said Henry says he is ^the^ worse ten pounds Currt money of maryland and thereof he bring suit &.a Pledges &a J: Doe and R: Roe A Copy of the foregoing decleration was made and sent to be served on the deft with the within plea afd Att which day here Came the afd Henry Reynolds by his attorny afd and the sheriffe to wit John Handy Gent now here returned that he had taken the af.d W.m Colberson whose body hereat this day he had ready to answer the af.d Henry Reynolds of the af.d plea as to him it was Commanded and further the same sheriffe returned that he had served the af.d William Colberson with a Copy of the foregoing decleration according to act of assembly in such Case made and provided Whereupon the said William Colberson at the prayer of the aforesaid Henry Reynolds is adjudged by the Court here to give Special Bail to the action aforesaid but for want thereof the said William Colberson is Committed into the Custody of the Sheriffe of Somerset County there to remain &a And whereupon the said William Colberson by William Arbuckle his attorney Comes and defends the force and Injury when &.a and saith that he did not assume upon himself in manner and form as the Plantiffe above against himself hath Complained and of this he puts himself upon the Country Upon which the afd William Colberson Relinquisheth his verification af.d by him above alledged and saith that he Cannot deny the action af.d of the af.d Henry Reynolds nor but that he did assume upon himself in manner and form as the af.d Henry Reynolds above against him hath Complained and as to the damage of the same Henry by him by occasion of the Premisses in that part sustained the same William saith and acknowledgeth that the af.d Henry hath sustained damages by occasion of the premisses beyond his Costs and Charges by him about his suit in that part apposed to three pounds ten shillings Currt money of maryland and not more and because the af.d Henry denys not this but the same allegations granted to be true prays Judgment for those damages above acknowledged together with his Costs and Charges af.d to him to be adjudged &.a Therefore by Consent of the parties af.d It is Considered that the af.d Henry Reynolds Recover against the af.d William Colberson his damages af.d to the af.d three pounds ten shillings |
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Somerset County Judicial Records, 1740-1742
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