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June
Court
1741
114 and defraud the aforesaid Six pounds thirteen Shillings and nine pence or any penny thereof according to the tenor of the note aforesaid he hath not paid or him for the Same in any Sort Contented altho' the Same to do the said Benjamin afterwards to witt the twenty fourth day of March in the year last above mentioned and often since that time at Somerset County af.d by the same John was requested but the same to him to pay or in any sort Contented the said Benjamin hath altogther refused and still doth refuse to the damage of him the said John thirteen pounds Curr.t money of Maryland and thereof he brings suit &a Pledg.s &c J: Doe & R: Roe A Copy of the foregoing declaration was made and sent to be served on the deft with the writt in the plea afd Att which day here Came the afd Jno Handy by his attorney afd and ye sher to witt Jno Handy Gent now here read that he had taken ye afd Benja Warrington whose body he had here ready to answer ye afd Jno of ye afd plea as afd he was Commanded to & that he had serv.d ye afd Benj.a with a Copy of the decl.n afd in order for at [illegible] Whereupon Came here into Court a Certain Robert Adkins of Somerset County planter in his proper person and undertook for the said Benjamin Warrington (Likewise the said Benjamin Warrington present herein Court in his proper person and assumed) upon himself that if it should happen that Judgment in the plea af.d should be rendred for the same John Henry against the af.d Benjamin Warrington or that he the said Benj.a Warrington should be therein Convict that then he the same Benjamin Warrington should pay and Satisfie unto the said John Henry 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 Robert Adkins will do the same for him &c And the af.d Benjamin Warrington in his proper person Comes and defends the force and Injury when &.c And saith that he Cannot deny the action af.d of the af.d John Henry nor but that he did assume upon himself in manner and form as the af.d John above against him hath Complained and as to the damage of the same John by him by Occasion of the premisses in that part Sustained the said Benjamin saith and acknowledgeth that the af.d John hath sustained Damages by Occasion of the premisses beyond his Costs and Charges by him about his suit in this part apposed to six pounds thirteen shillings and nine pence Currt money of Maryland and not more and because the af.d John denys not this but the same Allegation Grants to be true prays Judgment for those damages above acknowledged together with his Costs and Charges af.d to him to be adjudged &c Therefore by Consent of the parties af.d It is Considered thirteen shillings and nine pence Curr.t money of Maryland by the same Benjamin in form af.d acknowledged as also pounds of tobacco for 342 his Costs and Charges af.d to the same John at his request by the Court now here adjudged which Certain damages in the whole 342 amounts to Six pounds thirteen shillings and nine pence Curr.t money of Maryland and pounds of tobacco and the af.d Benjamin in mercy &c
February the 4.10 1740 Came David Wilson before the subscriber and proved the above account according to act of assembly Sam.ll Wilson February 40.10 1740 Then Tarrill Brown Confest Judgment to David Wilson for twenty one shillings and eight pence and two and six pence Costs before Sam.ll Wilson |
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Somerset County Judicial Records, 1740-1742
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