Volume 861, Page 134 View pdf image |
June Court
1741
134 Whereupon ^at^ the prayer of the af.d Levin Gale by his Attorney af.d the af.d Abraham Codery is adjudged to give speciall bail to the Action af.d Thereupon Came here into Court a Certain Daniel Codery of Somerset County planter and undertook for the said Abraham Codery (Likewise the said Abraham Codery 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 him the said Levin Gale against the af.d Abraham Codery or that he the same Abraham Codery should be therein Convict that then he the same Abraham Codery should pay and satisfie unto the said Levin Gale 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 Daniel Codery will do the same for him &c And hereupon the said Levin Gale Complained against the aforesaid Abraham Cordery in the plea aforesaid in form Following Somerset ss Abraham Codery Late of Somerset County planter was attached to answer unto Levin Gale Esq.r of a plea of trespass upon the Case &a And whereupon the said Levin by George Douglas his attorney Complains that whereas the said Abraham on the first day of May Ann Dom MDCCXLi at the County aforesaid did account with the said Levin for Sundry sums of money by the said Abraham to the said Levin before that time owing and due ^and unpaid^ and upon that accounting the said Abraham was found in arrearages toward the said Levin in the sum of thirty pounds three shillings and Six pence Curr.t money of maryland and being so thereof in arrearages found the said Abraham on Consideration thereof afterwards to wit the day and year af.d at the County af.d promised to pay to the said Levin the said thirty pounds three shillings and six pence Currt money af.d when he should be afterwards thereto required nevertheless the said Abraham his promise af.d in form af.d made not regarding but plotting the said Levin in that part to deceive the said thirty pounds three shillings and six pence Curr.t money af.d to the said Levin hath not paid or him for the same hitherto in any sort Contented but that to doe altogether hath refused and still doth refuse atlho' thereto afterwards to wit the same day and year af.d at the County af.d and often since that time by the said Levin required Whereupon the said Levin says he is ^the^ worse fifty pounds Curr.t money of maryland and thereof he brings Suit &c Pledg.s &.a J: Doe R: Roe And the af.d Abraham Cordery 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 Levin Gale nor but that he did Assume upon himself in manner and form as the af.d Levin above against him hath Complained and as to the damage of the same Levin by him by Occasion of the premisses in that part sustained the same Abraham saith and acknowledgeth that the af.d Levin hath sustained damages by him by Occasion of the premisses beyond his Costs and Charges by him about his suit in this part apposed to thirty pounds three shillings and six pence Curr.t money and not more and because the af.d Levin 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 that the af.d Levin Gale recover against the af.d Abraham Codery |
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Volume 861, Page 134 View pdf image |
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