| Volume 861, Page 320b View pdf image |
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August Court
1742
320 in the aforesaid plea in manner following Sommerset ss James Timmons Late of Sommerset County planter was attached to answer unto Samuel Hopkins J.r of a plea of Trespass upon the Case &a And whereupon the said Samuel by George Douglas his attorney Complains that whereas the said James the xiij day of October Anno Dom MDCCXLI at the County aforesaid was Indebted to the said Samuel in Ten pounds five Shillings and Seven pence three farthings Currant money of Maryland for divers matters properly Chargable in an account as by account thereof hereto annexed may appear and so thereof Indebted being in Consideration thereof afterwards to witt on the day and Year aforesaid at the County afd promised to pay to the Said Samuel the said Sum of Last named when he the said James thereto afterwards should be requested and altho the said James as to three pounds nine Shillings and three pence three farthings money aforesaid part of the said Ten pounds five Shillings and Seven pence three farthings hath Satisfied the Said Samuel Nevertheless as to Six pounds Six^teen^ Shillings and four pence Currant money aforesaid Residue of the said Ten pounds five Shillings and Seven pence three farthings the said James his promise and assumption aforesaid in form aforesaid made not Regarding but minding and fraudulently intending the said Samuel in that part Craftilly and Subtilly to deceive and defraud the said Residue to the said Samuel hath not paid or him for the same hitherto in any Sort Contented but that to do hitherto altogether hath Refused and Still doth Refuse altho' ^thereto^ afterwards to witt the day and Year aforesaid and Often Since that time by the said Samuel Required to the damage of the said Samuel Thirteen pounds Currant money aforesaid and thereof he brings Suit &a Pledgs &a J Doe & R Roe
A Copy of the above declaration and account were made and Sent to be Served on the defend.t in Order for a Speedy Tryall Att which day here Came the aforesaid Samuel Hopkins by his attorney aforesaid and the Sheriff to witt John Handy Gentleman now here Returned that he had Taken the aforesaid James Timmons whose body hereat this day he had Ready to answer the aforesaid Samuel of the aforesaid plea as to him it was Commanded and further the afd ^sher^ Returned that he had Served the aforesaid James with a Copy of the declaration afd according to Act of Assembly in Such Case provided &a Whereupon the said James Timmons being present herein Court in his proper person and Thereupon the said James Timmons at the prayer of the aforesaid Samuel Hopkins J.r is adjudged to give Speciall Bail to the action aforesaid Whereupon Came hereinto Court a Certain John Timmons of Somerset County planter in his proper person and undertook for the said James Timmons (Likewise the Same James Timmons present herein Court as aforesaid assumed upon himselfe) that if it should happen that Judgment in the plea aforesaid should be Rendered for the said Samuel Hopkins against him the said James Timmons or that the said James Should be therein Convict that then he the said James Timmons should pay and Satisfie unto the said Samuel Hopkins the Judgmt of the |
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| Volume 861, Page 320b View pdf image |
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