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Somerset County Judicial Records, 1740-1742
Volume 861, Page 47   View pdf image
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                            November Court                                  1740                                   47

of a plea of trespass upon the Case he the said Abraham on Consideration that he the said Duncan at the especiall
Request and Instance of the said Abraham had Surceased his suit af.d and the prosecution thereof upon himself
did assume and to the said Duncan then and there faithfully did promise that he the said Abraham the sum
of Twelve pounds thirteen shillings and six pence in Country pay and the Costs of the said suit or Action to the
said Duncan when he should be thereof required he would faithfully pay and Content and whereas the
said Abraham after the said first day of may Anno Dom MDCCV to witt on the xii day of march
Anno Dom MDCCXXXVi at the County af.d did make his Certain other note in writing Called a promissary
note with his proper hand Subscribed and the said note to the said Duncan Murray then and there did deliver
by which note the said Abraham did promise to pay to the said Duncan or his order One or before the twenty
fifth day of the March then next Ensuing the date of the said last named note the quantity of six hundred
pounds of tobacco ^or value of that tobacco^ in Currt money of maryland at that time by means whereof by force of the statute
in that case lately made and provided the said Abraham became Chargeable to pay to the said Duncan the
said tobacco or value thereof in Currt money af.d According to the tenor of that note and so being thereof
Chargeable to witt on the said XII day of march Anno Dom MDCCXXVj upon himself did assume and promise
to pay to the said Duncan the tobacco in the said Last named note mentioned or money to the value thereof
According to the value thereof  Nevertheless the said Abraham his severall promisses and assumptions
af.d in form af.d made not regarding but minding and fraudulently intending the said Duncan
in that part Craftily and Subtilly to deceive and defraud the said sums of money Country pay Costs of
the suit af.d or the tobacco or money in all or any of the severall promises af.d above mentioned to the
said Duncan hath not hitherto paid or him for the same or any of the same in any sort Contented but that
that to pay hitherto hath refused and still doth refuse altho thereto afterwards to witt on the first day of
April Anno Dom MDCCXXXIX at the County af.d and often since that time the said Abraham ^by the said Duncan^ was required
whereupon the said Duncan says he is damnifyed forty pounds Currt money of maryland and thereof
he brings suit &.a                                                                           Pledges &.a J Doe & R Roe

                   And the af.d Abraham Smith by Francis Allen his attorney Comes and defends the aforesaid
Injury when &.a and prayeth Leave thereof to Imparle here untill next Court to be held at dividing
Creek in and for the County af.d the third tuesday of June then next following and he hath it and the
same day is given to the af.d Duncan Murray here Also &.a

             Att which day here Came againe as well the af.d Duncan Murray as the af.d Abraham Smith
by their attorneys af.d  And Whereupon the same Abraham Smith prayeth further Leave thereof
to Imparle here untill next Court to be held at dividing Creek in and for the County af.d the third tuesday
of August then next following and he hath it and the same day is given to the af.d Duncan Murray here
also &.a  
                                                                                                                                              Att


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 47   View pdf image
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