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August
Court
1740
5 And hereupon the said James Complained against the aforesaid Joseph in the plea aforesaid in form following vizt Somerset ss Joseph Macclester late of Somerset County Gentleman was attached to answer unto James Martin of a plea of trespass upon the Case &a And whereupon the said James by George Douglas his attorney Complaines that whereas the said Joseph on the first day of June Ann Dom Seventeen hundred and thirty nine at the County aforesaid was Indebted to the said James Martin in the sum of one hundred and nine pounds ten shillings Current money of Maryland for Sundry matters properly Chargeable in Account as by An Account thereof hereto annexed may appear and so being thereof indebted afterwards to wit the day and year af.d at the County af.d on Consideration thereof upon himself did assume and to the said James then and there faithfully promise that he the said Joseph the said sum of one hundred and nine pounds ten Shillings when he should be afterwards thereto required to the said James he would faithfully pay and Content nevertheless the said Joseph his promise and assumption af.d in form af.d made not regarding but minding fraudulently intending the said James in that part Craftilly and Subtilly to deceive and defraud the said one hundred and nine pounds ten shillings to the said James hath not paid or him for the same in any sort Contented but that to doe hitherto hath refused and still doth refuse altho thereto afterwards to wit on the day and year af.d at the County af.d and often since that time by the said James Martin required whereupon he says he is damnifyed one hundred and thirty pounds Curr.t money of Maryland and thereof he brings suit &.c Pledg.s &.c J Doe R Roe
And the said Joseph Macclester by his attorney aforesaid Cometh and defendeth the force and Injury when &.c And prays Leave thereof to Imparle here untill next Court to be held at dividing Creek in and for the County the third Tuesday of June then next following and he hath it and the same day is given to the aforesaid James here also Att Which day here Came againe as well the aforesaid James Martin as the aforesaid Joseph Macclester by their attorneys aforesaid And whereupon the said Joseph prayeth further Leave thereof to Imparle here untill next Court to be held at dividing Creek in 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 aforesaid James here also Att Which day here Came again as well the aforesaid James Martin as the aforesaid Joseph Macclester by their attorneys af.d and whereupon the said Joseph as before defends the force and Injury when &.a And says that he did not assume upon himself in manner and form as the aforesaid James above against him hath Complained and of this he puts himself upon the Country And the plantiffe in like manner Therefore it is Commanded the Sheriffe that Immediately he should Cause to Come here before the Lordships Justices at a Court then held at dividing Creek twelve &.a by whom &.a and who neither &.a to Recognize &a because as well &a and whereupon the aforesaid Joseph relinquisheth his verification aforesaid by him above pretended and saith that he Cannot gainsay the action aforesaid of the aforesaid James Martin nor Can he say but that he |
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Somerset County Judicial Records, 1740-1742
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