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Somerset County Judicial Records, 1740-1742
Volume 861, Page 19b   View pdf image
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       August Court                       1740                               19

GD  Levin Gale Esq.r
                 @
pse  John Price

    Command was given to the sheriffe of Somerset County that he should take John Price
late of Somerset County planter if he should be found in his bailywick and him should safe keep
that he might have his body before the Justices of his Lordships County Court of Somerset to be held
at dividing Creek in the same County the third tuesday of August Anno Dom one thousand seven hundred and forty to answer unto
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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Somerset County Judicial Records, 1740-1742
Volume 861, Page 19b   View pdf image
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