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March Court
1741
240 to be paid to the said Stephen or his assignes on or before the tenth day of November next Ensuing the date of the same bill for value received and for the true and Just payment of the Said Sum of four pounds two Shillings and nine pence in manner and form aforesaid the sid Stephen bound himselfe his heirs Executors and adm.rs in the penall Sum oF Eight pounds five Shillings and Six pence Current money aforesaid by the said Bill and the said Stephen in Court Saith that the said William did not pay to him the said Stephen the said four pounds two Shillings and nine pence on or before the tenth day of November next Ensuing the date of the Same Bill which he upon the said day according to the form and Effect of the said Bill Ought to have paid Whereby the action ^assumed^ to the said Stephen to receive and have from the said William the said Eight pounds five Shillings and Six pence Yet the said William altho' often requested hath not paid the said Eight pounds five Shillings and Six pence to the said Stephen but hath hetherto altogether Refused and Still refuses wherefore he saith that he is prejudiced and hath damage ^to value^ of Four pounds Currant money of the province of Maryland and thereof he brings Suit &a Jno Doe Rd Roe A Copy of the foregoing declaration was made and Sent to be Served on the deft in order for Speedy tryall &.a Att Which day here Came the aforesaid Stephen Bank by his attorney aforesaid and the Sheriffe to witt John Handy Gentleman now here returned that he had Taken the afd William Whartonby whose body here at this day he had here Ready to answer the aforesaid Stephen Banck of the aforesaid plea as to him it was Commanded and further the aforesaid Sher returned that he had served the afd William with a Copy of the foregoeing declaration according to act of assembly in such Case made and provided &a And the aforesaid William Whartonby at the prayer of the aforesaid Stephen Bank is adjudged to give Special bail to action aforesaid Thereupon a Certain Harry Lows of Sommerset County Merchant present herein Court in his proper person undertook for the said William Whartonby (Likewise the said William Whartonby present herein Court in his proper person assumed upon himselfe) That if it should happen that Judgmt in the plea afd should rendered for the same Stephen Bank against the Same William Whartonby or that he the Same William Whartonby should be therein Convict that then he the said William Whartonby shall pay and Satisfie unto the said Stephen Bank the Judgmt of the Court thereupon or Render his body in Execution of Such Judgmt to the prison of the Sheriffe of the County aforesaid in Satisfaction thereof or that he the said Henry Lows will doe the same for him &a And the aforesaid William Whartonby by George Douglas his Attorney Comes and defends the force and Injury when &a and saith that he Cannot deny the action aforesaid of the aforesaid Stephen Bank nor Can he Say but that the writing Obligatory aforesaid is the deed of the Same William nor but that he Owes the Same Stephen the aforesaid Eight pounds five Shillings and Six pence Curr.t money of Maryland in Manner and form as the afd Stephen above against him hath declared Therefore it is Considered that the afd Stephen Bank Recover against the afd William Whartonby his debt afd and his damages by occasion of the detention of the same debt to 351 pounds of tobacco to the same Stephen of his assent by the Court here adjudged and the afd W.m in Mercy Memorand.m the deft Releaseth all the debt save Eight Shillings and Costs &c |
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Somerset County Judicial Records, 1740-1742
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