Volume 861, Page 120b View pdf image |
June Court
1741
120 aforesaid George Russell in his proper person in Custody as aforesaid and whereupon at the Request of the parties afd further day is to them now here given untill next Court to be held at dividing Creek in and for the County aforesaid the third tuesday of march then here following in the same state as at present saving to the parties aforesaid &c Att Which day here Came againe as well the aforesaid Thomas Nevett by his attorney aforesaid as the aforesaid George Russell in his proper person in Custody as aforesaid and hereupon the said Thomas Nevett declared ag.t the afd George in the plea aforesaid in form following Somerset ss George Russell Late of Somerset County planter was attached to answer unto Thomas Nevett of a plea of trespass upon the Case &c And Whereupon the same Thomas by William Arbuckle his Attorney Complains that whereas the af.d George after the af.d first day of may in the year of our Lord seventeen hundred and five to witt the nineteenth day of december in the year of our Lord one thousand seven hundred and thirty nine at Somerset County by his Certain ^note in^ writing Called a promissary note with his proper hand Subscribed bearing date the same day and year last mentioned and that note to a Certain Charles Dashiell for the use of the same Thomas did then and there deliver and by the said note promised to pay to the same Charles (by the name of Cap.t Charles Dashiell) for the use of Thomas Nevett the sum of Eleven pounds paper Currency for Value received by reason of which as also by force of the statute in this Case lately made and provided the same George became Chargeable to pay to the same Charles for the use of the same Thomas or to the same Thomas the af.d Eleven pounds According to the tenor of the said note an so thereof Chargeable being the af.d George in Consideration thereof afterwards Viz.t the same day and year at Somerset af.d upon himself Assumed and to the same Charles then and there faithfully promised to pay the af.d Eleven pounds According to the tenor of the same Note Nevertheless the af.d George his promise and assumption af.d in form af.d made little regarding but plotting and fraudulently intending the same Thomas of the Eleven pounds af.d Craftilly and Subtilly to deceive and defraud the af.d Eleven pounds or any part thereof (altho' often required) to the same Charles or Thomas hath not paid but the same to pay hath hitherto altogether refused and still doth refuse to the damage of the said Thomas twenty two pounds Curr.t money of Maryland and thereof he brings Suit &c Pledg.s &c J: Doe R: Roe And the aforesaid George Russell in Custody as aforesaid in his proper person Cometh and defendeth the force and Injury when &.c and prayeth Leave thereof to Imparle hereuntill next Court to be held at dividing Creek the third Tuesday of March then next following and he hath it and the Same day is given to the aforesaid Thomas here also Att which day here Came againe as well the aforesaid Thomas Nevet by his attorney aforesaid as the afd George Russell in Custody as aforesaid in his proper person And whereupon the said George Russell prays further leave thereof to Imparle here untill next Court to be held at dividing Creek the third tuesday of June then next Following and he hath it and the same day is given to the af.d Thomas here also &c Att Which day here Came againe as well the af.d Thomas Nevett by his Attorney af.d as the af.d George Russell in Custody as af.d in his proper person and Whereupon the said George Russell as before defends the force and Injury when &c and says he did ^not^ assume upon himself in manner and form as the said Thomas above against him hath Complained and of this he puts himself upon the Country and the plantiff in like manner Therefore it is Commanded the Sheriffe that Immediately he should Cause to Come here before his Lordships Justices Twelve &c by whom &c and who neither &c to recognize &c because as well &c and the Jurors of that Jurys being Called some of them to witt Edmond Hough Joshua Caldwell John Dennis J.r |
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Volume 861, Page 120b View pdf image |
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