Volume 861, Page 41 View pdf image |
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November Court
1740
41 premisses beyond his Costs and Charges by him about his suit in that part apposed to nine hundred pounds of tobacco and not more and because the af.d Joshua denys not this but the same Allegation Grants to be true prays Judgment for those damages above Acknowledged together with his Costs and Charges af.d to him to be Adjudged &c Therefore by Consent of the parties af.d it is Considered that the af.d Joshua Caldwell recover against the af.d Alexander McCants his damages af.d to the af.d Nine hundred pounds of tobacco by the same Joshua in form af.d Acknowledged as also Two 252 hundred and Seventy four pounds of tobacco for his Costs and Charges af.d to the same Joshua 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 Eleven hundred and Seventy four pounds of tobacco and the af.d Alexander in Mercy &c
and the same day is given to the af.d John there &c And hereupon the said John declared against the af.d Henry in the plea af.d in form following Somerset sst Henry Reynolds late of Somerset County Bricklayer was Attached to Answer unto John Wildman of a plea of trespass upon the Case &c And Whereupon the same John by William Arbuckle his Attorney Complains that whereas the af.d Henry after the first day of May in the year of our Lord Seventeen hundred and five to witt the tenth day of September in the year of our Lord Seventeen hundred and forty at Somerset County by his Certain note in writing Called a promissary note with his proper hand subscribed bearing date the same day and year last mentioned and that note to the same John then and there did deliver by which said note the same Henry did promise to pay or Cause to be paid to the same John or his Order the sum of thirteen pounds five shillings and four pence Curr.t money of the province of Maryland to be paid ^up^on demand for value Received and by reason thereof as also by force of the statute in such Case lately made and provided the same Henry became Chargeable to pay to the same John the sum of money af.d According to the tenor of the same note and so thereof Chargeable being the said Henry in Consideration thereof afterwards (to witt) the same day and year af.d at Somerset County af.d upon himself did Assume and to the same John then and there faithfully promise to pay him the af.d sum of money agreeable to the tenor of the note af.d Nevertheless the af.d Henry his promise and Assumption af.d in form af.d in form af.d made Little regarding but minding and fraudulently Intending the same John in that part Craftilly and Subtilly to deceive and defraud the sum of money af.d or any part or percell thereof unto the same John (Altho' the same to do the af.d Henry afterwards to witt the twentyeth day of September in the year last mentioned and often since that time at Somerset County af.d by the same John was requested) hath not paid or Contented but the same to him to pay or in any Sort Contented the said Henry hath hetherto altogether refused and still doth refuse to the damage of the same John twenty Seven pounds Curr.t money of Maryland and thereof he brings suit &c Pledg &c J Doe Ri Roe A Copy of the foregoing declaration was made and sent to be served on the defend.t in Order for a speedy Tryall Att which day here Came the aforesaid John Wildman by his attorney aforesaid and the Sheriffe to witt John Handy Gent now here Returned that he had Taken the aforesaid Henry Reynolds whose body here at this day he had Ready to answer the afd John Wildman of the afd Pea |
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Volume 861, Page 41 View pdf image |
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