Volume 861, Page 166 View pdf image |
August Court
1741
166 at the prayer of the af.d Benjamin Warrington is Adjudged to give Speciall bail to the action af.d &c Thereupon Came here into Court a Certain Charles Riggen of Somerset County planter in his proper person and undertook for the said James Townsend (Likewise the said James Townsend present herein Court in his proper person assumed upon himself) that if it should happen that Judgment in the plea af.d should be rendred for the Same Benjamin Warrington against the said James Townsend or that he the said James should be therein Convict that then he the said James should pay and satisfie unto the said Benjamin 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 Charles Riggen will do the same for him &c And thereupon at the request of the parties af.d day is to them now here given untill next Court to be held at dividing Creek in and for the County af.d the third Tuesday of June then next Following in the same state as at present saveing to the parties af.d &c Att which day here Came again as well the af.d Benjamin Warrington by his Attorney af.d as the af.d James Townsend in his proper person And hereupon the said Benjamin Warrington Complained against the af.d James Townsend in the plea af.d in form Following Somerset County ss/ James Townsend late of Somerset County planter was Attached to Answer unto Benjamin Warrington of a plea of trespass upon the Case &c And Whereupon the said Benjamin by Francis Allen his Attorney Complains that whereas the said James after the first day of may Anno Dom Seventeen hundred and Five to witt on the ^twenty^ Second day of July Anno Dom Seventeen hundred and forty at the County of Somerset af.d within the Jur of this Court made his Certain Note in writing Called a promissory note with his proper hand Subscribed bearing date the same day and year last mentioned and the said note to the said Benjamin then and there delivered by which said note the said James did promise to pay to the said Benjamin or his Order for Value received Eight pounds Curr.t paper money of Maryland on or before the first day of November next ensuing the date of the said Note And by reason thereof as also by force of the Statute in that Case lately made and provided the said James became Chargeable to pay to the said Benjamin the said Sum of money According to the tenor of the said note And so being Chargeable the said James in Consideration thereof afterwards to witt the af.d twenty second day of July in the year Seventeen hundred and forty af.d at Somerset County af.d upon himself did assume and to the said Benjamin then and there did faithfully promise to pay him the said Sum of Money According to the tenor of the same note Yett the said James his promise and Assumption af.d in form af.d made nothing regarding but plotting and fraudulently Intending the said Benjamin in that part Craftilly and Subtilly to deceive and defraud the said Eight pounds Currt paper money of Maryland to the said Benjamin According to the tenor of the said note hath not paid or Contented altho' the same to do the said James by the said Benjamin on the af.d first day of Nov.r in the year last af.d and often afterwards at the County of Somerset af.d he was thereunto requested but the same to him hitherto to pay hath refused and still doth refuse and deny Whereupon the said Benjamin Saith he is worse and hath damage to the value of Sixteen pounds Currt money of Maryland and thereupon he brings Suit &c Pleg.s &.c John Doe R Roe And the af.d James Townsend in his proper person Cometh and Defendeth the force and Injury when &c And |
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Volume 861, Page 166 View pdf image |
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