Volume 862, Page 400 View pdf image |
(400) March Court Anno Domini 1747 Whereupon the said William by Jeremiah Chase his attorney afs.d prays Judgment & 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 William do Recover against the said Thomas his Damages afs.d to six Pounds Currency above acknowledged as also the sum of one Hundred Ninety five & Three Quarters of a pound of Inspected Tobacco for his Costs and Charges by him about his suit in this Def.t in mea Part laid out and Expended on his assent by the Court here adjudged and the said Tho.s in Mercy &C.a
Charles County ss.t John Macpherson & James Mudd late of Charles County Planter was Attached to answer unto Richard Gildart Esq.r & Sons of a plea of Trespass upon the Case & so forth And Whereupon the said Richard and sons by Jeremiah Chase their attorney Complain for that whereas the said John and James after the first day of May in the year of our Lord one Thousand seven Hundred and five (to wit) on the fifth day of August In the year of our Lord one Thousand seven Hundred and forty seven at Charles County afs.d did make their Certain note in Writing Called a Promisary Note with their proper Name and hands thereto subscribed bearing date the same day and year last mentioned and the same Note unto the said Richard and sons at the County afs.d did deliver by which said Note the said John and James their Heirs Executors Administrators or Assigns did Promise to pay or Cause to be paid unto the s.d Richard Gildart Esq.r & sons or their order on demand the sum of Three Thousand Three Hundred pounds of good Merchantable Tobacco in hogsheads of Nine Hundred Clear of Cask and Convenient to a Landing on Wicomico River but in Case the said Tobacco be paid by the Last of September Next ensuing then only to pay Three Thousand but in Case of default of payment then we oblige ourselves and Heirs to pay or Cause to be paid the sum of Three Thousand Three Hundred and Interest upon the same from the date hereof for Value Received by Virtue whereof and also by force of the statute the said John and James becomes lyable and Chargeable to pay unto the said Richard and sons the said sum of Three Thousand Three Hundred Pounds of Tobacco Qualified as afs.d according to the Tenor of the Note afs.d and so being Chargeable the said John and James afterwards (to wit) the day and year last mentioned at the County afs.d upon themselves assumed & to them the said Richard & Sons then & there faithfully Promised that them the said John and James the said sum of Three Thousand Three Thousand Hundred Pounds of Tobacco Qualified as afs.d to the said Richard and sons when thereunto afterwards they should be requested well and truly would Content and Pay Nevertheless the said John & James their Promise and Assumption afs.d not in the least Regarding but minding and fraudulently Intending them the said Richard & sons in this Part craftily and subtilly to deceive and defraud the said sum of Three Thousand Three Hundred Pounds of Tobacco Qualified as afs.d or any Part thereof to the said Richard and sons hath not Paid altho' so to do the s.d John and James by the said Richard & sons hath been Requested (to wit) on the first day of January in the year of our Lord one Thousand seven Hundred and forty seven and often since at Charles County afs.d to pay the same but that unto them hitherto to pay or Content the said John and James hath altogether Refused and still doth Refuse to pay the same to the Damages them the said Richard Gildart Esq.r & sons six Thousand six Hund.d Pounds of Tobacco Qualified as afs.d & therefore they bring suit & so forth John Doe Pled.s &C.a & Rich.d Roe |
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Volume 862, Page 400 View pdf image |
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