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Somerset County Judicial Records, 1740-1742
Volume 861, Page 13   View pdf image
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              August Court                1740                13

Whereupon the af.d James Scott at the prayer of the af.d Smith Horsey is adjudged to give Special bail to the Action af.d

          Thereupon Came here into Court a Certain James Martin of Somerset County Gent in his proper person and undertook
for the said James Scott that if it should happen that Judgment in the plea af.d should be rendered for the same Smith against
the af.d James or that he the same James Should be therein Convict that then he the same James should pay and Satisfie
unto the same Smith 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 James Martin will do the same for him &a

          And hereupon the said James ^Scott^ puts in his place Geo Douglas Gent Attorney at Law against the af.d Smith Horsey
of the af.d plea

                   Whereupon at the request of the parties af.d day is to them now here given untill next Court to be held at
    dividing Creek the third tuesday of March then next following in the same state as at present saving to the parties af.d
Att which day here Came againe the parties af.d by their Attorneys af.d and hereupon the said Smith Horsey declared against
the af.d James Scott in the plea af.d in form following                  Somerset ss.t  James Scott late of Somerset County Merchant was
was attached to Answer unto Smith Horsey of a plea of trespass upon the Case &.a

       And Whereupon the same Smith by Robert Jenckins Henry his Attorney Complains that whereas the af.d James
the nineteenth day of April in the year of our Lord one thousand seven hundred thirty and nine at Somerset County af.d
was Indebted unto the same Smith in seven pounds and ten shillings sterling for five Barrels of Pork by the af.d
James of the said Smith before that time bought had and received (as by An Account thereof hereinto Court brought may
appear) and so thereof Indebted being the af.d James afterwards (to witt the same day and year af.d at the County af.d in
Consideration thereof upon himself did assume and to the same Smith then and there faithfully promise that he the
the aforesaid James the aforesaid sum of Seven pounds and tenn Shillings sterling to the said Smith when thereof
afterwards he should be requested would well and faithfully pay and Content  And whereas also the aforesaid
James afterwards to witt the same day and Year above mentioned at the said County of Somerset in Consideration
that the aforesaid Smith at the Speciall Instance and request of the aforesaid James had sold and delivered to
the same James Other five barrells of Pork of ^him^ the said Smith upon himselfe did assume and to the same
Smith then and there faithfully promise that he the aforesaid James such Sum of Sterling money as the five barrells
of Pork Last mentioned at the time of the sale and delivery of the same were reasonably worth to the said Smith
when thereof he should afterwards be request^ed^ would well and faithfully pay and Content and the af.d Smith in
fact syeth that the five Barrells of Pork last mentioned at the time of the sale and deliver thereof were reasonably
worth the sum of Seven pounds and ten shillings sterling (to witt) at Somerset County af.d and thereof the af.d James
afterwards (to witt) the same day and year above mentioned of the County af.d had notice  Nevertheless the af.d James
his severall promisses and Assumptions af.d in form af.d made little regarding but minding and fraudulently intending
the same Smith in that part Craftilly and Suttlely to deceive and defraud the af.d Severall sums of money or any penny
thereof to the said Smith he hath not as yett paid or him for the same in any Sort Contented (altho' the same to
do the af.d James afterwards (to witt) the same day and year af.d and often since that time at Somerset County af.d by
                                                                                                                                                                      the
the same


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 13   View pdf image
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