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Somerset County Judicial Records, 1740-1742
Volume 861, Page 6b   View pdf image
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              August Court                        1740                    6

Somerset County Gent was Attached to answer unto John Scarbrough of a plea of trespass upon the Case &.a

And whereupon the said John by Geo Douglas his Attorney Complains that whereas the said Joseph on the first day of June Anno Dom
MDCCXXiX at the County af.d was Indebted to the said John in in the sum of one hundred and nine pounds ten shillings Current money
of Maryland for Sundry matters properly Chargeable in account as by 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 in Consideration thereof upon himself did assume and to the said John
then and there faithfully promise that he the sid Joseph the said one hundred and nine pounds ten shillings when he should be afterwards
thereto required to the said John 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 and fraudulently intending the said John in that part Craftily and Subtilly to deceive
and Subtilly to deceive and defraud the said one hundred and nine pounds ten shillings to the said John 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 John Required whereupon he says he is damnifyed one hundred and thirty
pounds Current Money of Maryland and thereof he brings suit &.c                                          Pledg.s &c J Doe R Roe
June 11 1739
 D.r Joseph McClester to John Scarbrough
To paid for you to M.r Thomas Hayward p.r your request
To paid for you to Honorio Rozalini by your request
  
                                   Errors Excepted p John Scarbrough
£73..10..0
  36..00..00
109..10..00

       And the said Joseph Macclester by his Attorney af.d Cometh and defendeth the force and Injury &.c and prays Leave thereof to
Impale 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 John here also

             Att which day here Came again as well the af.d John Scarbrough as the af.d Joseph Macclester by their Attorneys af.d and
whereupon the said Joseph prays 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 John here also &a

                Att which day here Came again as well the af.d John Scarbrough as the af.d Joseph Macclester by their Attorneys af.d and
whereupon the said Joseph as before defends the force and Injury when &.c  And says that he did ^not^ assume upon himself in manner and form as
the af.d John above against him hath Complained and of this he puts himself upon the Country      and the said John in like manner

                   Therefore it is Commanded the sheriffe that Immediately he should Cause to Come ^here^ before his Lordships Justices at a Court then
held at dividing Creek twelve &.c by whom &.c and who nei^ther^ to recognize &.c because as well &.c  And whereupon the af.d Joseph relinquisheth
his verification af.d by him above above pretended and saith that he Cannot gainsay the Action af.d of the af.d John Scarbrough nor Can he
say but that he did assume upon himself in manner and form as the af.d John Scarbrough above against him hath Complained and as to
the damage of the same John by him by occasion of the premisses in that part Sustained the same Joseph McClester saith and Acknowledged
that the af.d John hath sustained damages by occasion of the premisses beyond his Costs and Charges by him about his
suit in that part apposed to one hundred and nine pounds ten shillings Current money of Maryland and not more and because the
af.d John denyes 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 John Scarbrough recover against the af.d Joseph
                                                                                                                                                                                  McClester


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 6b   View pdf image
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