Volume 861, Page 19b View pdf image |
August Court
1740
19
Levin Gale Esq.r of a plea of trespass upon the Case &.c And the same day is given to the af.d Levin here &c Att which day here Came the af.d Levin Gale by Geo: Douglas his Attorney & the sheriffe to witt John Handy Gent now here returned that he had taken the af.d John Price whose body here at this day he had ready to answer the af.d Levin of the af.d plea as to him it was Commanded And hereupon the af.d Levin declared against the af.d John in the plea af.d in form Following Somerset ss.t John Price late of Somerset County planter was Attached to answer unto Levin Gale Esq.r of a plea of trespass upon the Case &c And Whereupon the said Levin by Geo: Douglas his Attorney Complains that whereas the said John on the first day of August Anno Dom MDCCXL at the County af.d did account with the said Levin Concerning Sundry Sums of money by the said John Price to the said Levin before that time due and in arrear and upon that Account the said John ^was^ found in arrears to the said Levin in the said sum of twelve pounds Current money of maryland and being so in arrears found afterwards to wit the day & year af.d at the County af.d on Consideration thereof upon himself did assume and to the said Levin then & there faithfully promise that he the said John the said twelve pounds to the said Levin when he should be afterwards there to required he would faithfully pay and Content nevertheless the said John his promise and assumption af.d in form af.d made not regarding but minding and fraudulently intending the said Levin in that part Craftilly and Subtilly to Deceive and defraud the said twelve pounds to the said Levin hath not paid or him for the same in any Sort hitherto ^Contented but that to doe altogether hath refused and still doth refuse of this thereto^ afterwards to wit on the day and year af.d at the County af.d and often since that time by the said Levin required whereupon he says he is damnifyed twenty pounds Current money of Maryland & thereof he brings Suit &c Pledg.s &c J Doe R Roe And the af.d John Price in his proper person Cometh and defendeth the force and Injury when &.c and saith that he Cannot deny the Action af.d of the af.d Levin nor Can he say but that he did Assume upon himself in manner and form as the af.d Levin Gale 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 John Price saith and acknowledgeth that the af.d Levin hath Sustained damages by occasion of the premisses beyond his Costs and Charges by him about his Suit in that part apposed to twelve pounds Currt money of maryland and not more and because the af.d Levin denyes not this but the same Allegation Grants to be true prays Judgm.t for those damages above acknowledged together with his Costs & 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 John Price his damages af.d to the af.d twelve pounds Curr.t money of Maryland by the same John in form af.d Acknowledged 226 as also Two hundred and forty Eight pounds of tobacco for his Costs and Charges af.d to the same Levin at his request by the Court now here of the assent of the parties af.d adjudged which Certain damages in the whole amounts to twelve pounds Curr.t money of maryland & pounds of tobacco & the af.d John in Mercy &c |
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Volume 861, Page 19b View pdf image |
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