Volume 862, Page 401 View pdf image |
March Court Anno
Domini 1747
(401) And the afs.d James in his Proper Person Comes and defends the force and Injury when &C.a and says that he Cannot deny the action afs.d of him the said Rich.d & sons nor but that he did assume upon himself in manner and form as the said Richard & sons against hi have Complained nor also but that the said Rich.d and sons have sustained Damages by means of not Performing the Promises & Assumptions afs.d to Three Thousand Three Hundred Pounds of Tobacco as the said Richard & sons above in declaring supposes Whereupon the said Richard & sons by Jeremiah Chase their attorney afs.d pray 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 them to be adjudged Therefore it is Considered by the Court here that the said Richard and sons do Recover against the said James their Damages afs.d to Three Thousand Three Hundred Pounds of Tobacco above acknowledged as also the sum of Two Hundred Eighty Three & a half Pound of Inspected Tobacco for their Costs and Charges by him about their suit in this Part laid out and Expended unto Def.t in mea their assent by the Court here adjudged and the said James in Mercy &Ca
Charles County ss.t James Smith late of Charles County Planter was attached to answer unto John Rowand Junior of a plea of Trespass upon the Case and so forth And Whereupon the same John Rowand Jun.r by Jeremiah Chase his attorney Complains that whereas the said James Smith the fourteenth day of October in the year of our Lord one Thousand seven Hundred and forty seven at Charles County afs.d was Indebted to the said John Rowand Junior in the sum of Eleven Hundred and Ninety five 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 James Smith in Consideration thereof afterwards to wit the day and year afs.d at the County afs.d upon himself assumed and to the said and to the said John Rowand Jun.r then and there faithfully promised that he the afs.d James Smith the afs.d sum of Eleven Hundred and Ninety five pounds of Tobacco to the said John Rowand Jun when thereunto afterwards he should be requested well and truly woud Content and Pay Nevertheless the afs.d James Smith his Promise and Assumption afs.d not Regarding but minding and Fraudulently Intending the same John Rowand Junior in this part Craftily and subtilly to deceive and defraud the afs.d James Smith the said sum of Eleven Hundred & Ninety five pounds of Tobacco or any part thereof to the same John Rowand Jun.r hath not paid nor him for the same in any sort Contented Altho' the afs.d James Smith afterwards to wit the fifth day of December in the year of our Lord one Thousand seven Hundred and forty seven and often afterwards at Charles County afs.d by the same John Rowand Junior hath been Requested but the same to him hither to to pay or him for the same in any sort to Content hath hitherto Altogether Refused and still doth Refuse to the Damage of him the same John Rowand Jun Two Thousand Three Hundred and Ninety Pounds of Tobacco and therefore suit is brought and so forth John Doe Pled.s &C.a & Richard Roe |
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Volume 862, Page 401 View pdf image |
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