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Charles County Court, Court Record, 1746-1747
Volume 862, Page 396   View pdf image
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(396)        March Court Anno Domini 1747

Proprietary of his Next County Court to be holden at Charles Town on the Second Tuesday
in March Next to answer unto Richard Gambra of a plea of Trespass upon the Case and so
forth and that he should have then and there that writt &Ca
                                                                                        At which day to wit the Second
Tuesday in March afs.d Comes the said Richard Gambra by Jeremiah Chase his attorney
and offers himself against the said George and the sheriff afs.d Namely Thomas Hungerford
Gentleman Returns to the Court here that he has taken the body of the said George
   
                                                          And the afs.d George in his proper person Comes
and defends the force and Injury when &Ca and says that he Cannot deny the action afs.d
of him the said Richard nor but ^that^ he did assume upon himself in manner & form as the s.d
Richard above against him hath Complained nor also but that the said Richard hath
sustained Damages by means of not Performing the Promises and Assumptions afs.d
to Eleven Thousand seven Hundred and fifty Pounds of Tobacco as the said George above
supposes
                      Whereupon the said George ^Richard^ by his attorney afs.d prays Judgment and those
Damages so acknowledged together with his Costs and 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 said Richard do Recover against him the said George his Damages afs.d to
Eleven Thousand Seven Hundred and fifty Pounds of Tobacco above acknowledged as also
Two Hundred and Twenty Nine Pounds of Inspected Tobacco for his Costs and Charges by him
about his suit in this Part laid out and Expended or his assent by the Court here adjudged
Def.t in mea   and the said George in Mercy &Ca


JChase  Richard Gildart Esq.r & Com
                                vs
PP               Charles Philpott
Tr Ca Dam.s 900lls Tobacco

Judgment p Cognovit Actionem

Charles County ss.t  Charles Philpott late of Charles County Planter was attached to
answer unto Mess.rs James and Richard Gildarts of a plea of Trespass upon the Case & so forth

And Whereupon the said James and Richard by Jeremiah Chase their attorney
Complain for that whereas the said Charles after the first day of May in the year of our Lord one
Thousand seven Hundred and five (to wit) on the Twenty fifth day of May in the year of our
Lord One Thousand Seven Hundred and forty seven at Charles County aforesaid did make
his Certain Note in Writing Called a promisary Note with his Proper with his proper
Name and hand thereto subscribed bearing date the same day and year last mentioned &
the same Note unto the said James & Richard at the County afs.d did deliver by which said
Note the said Charles did oblige himself his Heirs or Executors to pay unto the said James
and Richard Gildarts Nine Hundred Pounds of Tobacco Nett Tobacco clear of wood in one
Hogshead at or before the last of Next June for Value Received by Virtue whereof and also by
force of the statute the said Charles Philpott became lyable and Chargeable to pay unto
the said James and Richard the said sum of Nine Hundred Pounds of Nett Tobacco as afs.d
according to the Tenor of the Note afs.d and so being Chargeable the said Cha.s Philpott
afterwards (to wit) the day and year last mentioned at the County afs.d upon himself
Assumed and to the said James and Richard then and there faithfully Promised that
he the said Charles Philpott the said sum of Nine Hundred Pounds of ^Nett^ Tobacco as
aforesaid to the said James and Richard when thereunto afterwards he should be
Requested well and truly would Content and Pay  Nevertheless the said Charles
his Promise and Assumption afs.d not in the least Regarding but minding
and fraudulently Intending them the said James & Richard in this part Craftily &
                                                                                                          (Subtilly)


 
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Charles County Court, Court Record, 1746-1747
Volume 862, Page 396   View pdf image
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