Volume 861, Page 84b View pdf image |
March
Court
1740
84
nine to Answer unto James Martin of a plea of trespass upon the Case &a And the same day is given to the af.d James here &a Att which day here Came the af.d James Martin by Robert Jenckins Henry his Attorney and the sheriffe to witt John Henry Gent now here returned that he had taken the af.d Joshua Caldwell whose body here at this day he had ready to answer the af.d James Martin of the af.d plea as to him it was Commanded Whereupon the af.d Joshua Caldwell puts in his place George Douglas Gent Attorney at Law against the af.d James Martin of the af.d plea &c And Thereupon at the request of the parties af.d day is to them now here given untill next Court to be held at dividing Creek the third Tuesday of June then next Following in the same state as at present saveing to the parties af.d Att which day here Came again the parties af.d by their Attorneys af.d and hereupon the said James Martin Complained against the af.d Joshua Caldwell in the plea af.d in form Following Somerset ss.t Joshua Caldwell late of Somerset County Gent was Attached to Answer unto James Martin of a plea of trespass upon the Case &c And Whereupon the same James by Robert Jenckins Henry his Attorney Complains that whereas the af.d Joshua after the first day of May in the year of our Lord Seventeen hundred and five (to witt) the Eleventh day of april in the year of our Lord one thousand seven hundred thirty and Eight at Somerset County by his Certain note in writing Called a promissory note with his proper hand Subscribed bearing date the same day and year last mentioned and that note to the same James then and there did deliver by which said note the same Joshua did promise to pay or Cause to be paid to the same James or his Order the sum of twenty four pounds and Five shillings Curr.t money of the province of Maryland on or before the tenth day of June next Ensuing the date of the same note and one hundred and twenty pounds of tobacco to be paid upon demand for value received and by reason thereof as also by fore of the statute in such Case lately made and provided the same Joshua became Chargeable to pay to the same James the sum of money and tobacco afterwards (to witt) the same day and year af.d at Somerset County af.d upon himself did Assume and to the said James then and there faithfully promise to pay to him the af.d sum of money and tobacco agreable to the tenor of the note af.d Nevertheless the af.d Joshua his promise and assumption af.d in form af.d made little regarding but minding and fraudulently intending the same James in that part Craftilly and Subtilly to deceive and defraud the sum of money & tobacco af.d or any part of either of them unto the same James (altho' the same to do the said Joshua afterwards) to witt the Eleventh day of June in the year last mentioned and often since that time at Somerset County af.d by the same James was requested) hath not paid or Contented but the same to him to pay or in any Sort Content the said Joshua hath hitherto altogether Refused and still doth refuse to the damage of the same James Fifty pounds Currant Mony of Maryland and thereof he brings suit &.c Pledges do p J Doe R Roe And |
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Volume 861, Page 84b View pdf image |
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