Volume 861, Page 75d View pdf image |
March
Court
1740
75 provided the said John Holt became Chargeable to pay to the said John Wildman the said Sum of money According to the tenor of the af.d note and so being Chargeable the af.d John Holt in Consideration thereof afterwards to witt on the af.d Eleventh day of December in the year seventeen hundred and forty above said at the County of Somerset af.d upon himself did assume and to the said John Wildman then and there did faithfully promisse that he the said John Holt the af.d Sum of money according to the tenor of the said note to the said John Wildman he would well and faithfully pay and Content Nevertheless the said John Holt his promise and assumption af.d in manner and forme af.d made nothing regarding but plotting and fraudulently Intending the said John Wildman in that parte Craftily and Subtilly to deceive and defraud the af.d Sum of money to the said John Wildman according to the tenor of the said note hath not paid or Contented altho' the same to do the said John Holt by the said John Wildman on the af.d Eleventh day of December in the year Seventeen hundred and Forty af.d and often afterwards at Somerset County af.d he was thereunto requested but the same to him hitherto to pay or Content hath refused and still doth refuse and deny to the damage of the said John Wildman of thirty two pounds tenn shillings Current money of Maryland and thereupon he brings Suit &c Pledg.s &.c J: Doe R Roe A Copy of the foregoing declaration was made and sent to be served on the deft in order for a speady Tryall Att which day here Came the af.d John Wildman by his attorney af.d and the sheriffe to witt John Handy Gent now here returned that he had taken the af.d John Holt whose body here at this day he had ready to answer the af.d John Wildman of the af.d plea as to him it was Commanded And further the said sheriffe returned that he had served the af.d John Holt with a Copy of the foregoing declaration According to Act of Assembly in such Case made and provided &c And the af.d John Holt in his proper person Cometh and defendeth the force and Injury when &c and saith that he Cannot deny the Action af.d of the af.d John Wildman nor but that he did assume upon himself in manner and form as the af.d John Wildman above against him hath Complained and as to the damage of the same John Wildman by him by Occasion of the premisses in that part sustained the same John Holt saith and Acknowledgeth that the af.d John Wildman hath Sustained damages by Occasion of the premisses beyond his Costs and Charges by him by about his suit in that part apposed to Sixteen pounds Five shillings and not more and because the af.d John Wildman 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 John Wildman recover against the af.d John Holt his damages af.d to the af.d Sixten pounds Five shillings by the same John Holt in form af.d Acknowledged as also 413 pounds of tobacco for his Costs and Charges af.d to the same John Wildman 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 Sixteen pounds Five shillings and pounds of tobacco and the af.d John Holt in mercy &c Whereupon the said John Wildman present here in Court freely releaseth unto the afd John Holt ten pounds parcell of the aforesaid sixteen pounds five shillings in form afd Confessed Therefore the same John Holt of the Same Tenn pounds be quiet &c
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Volume 861, Page 75d View pdf image |
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