Volume 862, Page 268 View pdf image |
(268) November Court Anno Domini 1747 Whereupon into Court here in his proper person Comes Richard Smith of Charles County Planter and becomes pledge & security for the said Thomas that if it should happen the afs.d Thomas in the plea afs.d should be Convict that then the said Rich.d Yeilded and Granted that as well the Debt afs.d as all Damages which to the same Samuel in this part should be adjudged of his Lands and Chattles should be made and levied to and for the use of the said Samuel if it should happen the said Thomas the Debt & Damages afs.d should not pay or his body into the Custody of the sheriff by Reason thereof Render And the aforesaid Thomas in his proper person Comes and defends the force & Injury when &C.a and says that he Cannot deny the Action afs.d of him the said Samuel nor but that he did assume upon himself in manner & form as the said Samuel above against him hath Complained nor also but that the said Samuel hath sustained Damages by means of not performing the promises & assumptions afs.d to one ^Thousand^ Six Hundred & forty pounds of Tobacco as the said Samuel above in Declaring supposes Whereupon the said Sam.l by Jeremiah Chase his attorney afs.d prays Judgment & those Damages so acknowledged together with his Costs & Charges by him about his suit in this part laid out and Expended to him to be adjudged Therefore it is Considered by the Court here that the s.d Samuel do Recover against the said Thomas his Damages afs.d to One Thousand Six Hundred & forty four pounds of Tobacco above acknowledged as also the Sums of Two Hundred & Ninety Six pounds of Tobacco for his Costs & Charges by him about his Suit in that part laid out Def.t in Mer and Expended on his Assent by the Court here adjudged and the said Thomas in Mercy &C.a
Charles County ss.t Arthur Smith late of Charles County Planter was Attached to Answer unto Samuel Hanson Jun.r of a plea of Trespass upon the Case & so forth And Whereupon the same Samuel by Jeremiah Chase his Attorney Complains that whereas the said Arthur the Twenty fifth day of February In the year of our Lord one Thous.d Seven Hundred and forty Six at Charles County afs.d was Indebted to the said Samuel In the Sum of Eight Hundred and sixty Nine pounds of Tobacco for divers Articles lying properly in an Account as by the particular Account thereof herewith into Court brought may appear and being so thereof Indebted the afs.d Arthur in Consideration thereof afterwards to wit the day and year afs.d at the County afs.d upon himself assumed & to the s.d Samuel then and there faithfully Promised that he the afs.d Arthur Smith the afs.d Sum of Eight Hundred and Sixty Nine pounds of Tobacco to the said Samuel when thereunto afterwards he should be requested well & truly would Content & pay Nevertheless the afs.d Arthur Smith his Promise and Assumption afs.d not Regarding but minding & fraudulently Intending the same Samuel in this part Craftily & Subtilly to (deceive) |
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Volume 862, Page 268 View pdf image |
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