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62) March
Court Anno Domini 1746 And Whereupon the said John Chesley by Thomas Clark his attorney Says that whereas the said John Marten on the fourteenth day of August & in the year of our Lord One Thousand Seven Hundred and forty Six at Charles County afs.d by his Certain Writing Obligatory with the Seal of him the said John Marten Sealed and herein Court produced whose date is the day and year afs.d Acknowledged himself to be held and firmly bound unto John Chesley in the Sum of Sixteen pounds Sterling to be paid to the said John Chesley when thereunto afterwards he should be requested Nevertheless the said John Marten altho often Requested the said Sum of Sixteen Pounds sterling or any Part thereof to him the said John Chesley ^hath not paid or in any sort Contented but the same to him the said John Chesley^ to pay or in any sort to Content hath hitherto altogether Refused and Still doth Refuse to the Damage of him the said John Chesley Thirty Two pounds Sterling and therefore Suit is brought and so forth Cha.s & Ca And the afs.d John Marten by Henry Darnall his attorney Comes and defends the force & Injury when &C.a and prays a hearing of the Writing Obligatory and it is read unto him he also prays a hearing of the Condition of the same Writing and it is read unto him in these Words Vizt The Condition of the above Obligation is Such that if the above bound James Mudd John Marten Sen & John Marten Jun do and shall well and truly pay or Cause to be Paid unto the said John Chesley his Certain Attorney Executors Adm.rs or Assigns the Just and full sum of Eight Pounds Sterling in Bills of Exchange Drawn payable in London at or upon the first day of September Net Ensuing the date hereof with Legal Interest then the above obligation to be Void Else to remain in full force and Virtue in Law But if Default be made in the payment of the said Sum of Eight Pounds Sterling & Int then we Impower any Attorney in any Court of Record in the Realms of Great Britain France or Ireland or within the province of Maryland to appear for us at the Suit of the abovementioned John Chesley to Receive a Declaration on the above obligation & thereupon to Confess Judgment by Nildicit Cognovit Actionem Nonsum informatus or otherwise hereby Releasing all the Errors that may happen upon the said Judgment Suing out Execution thereon or in any of the proceedings thereunto Relating Which being Read & heard the said John ^Martin^ his attorney afs.d Comes & defends the force and Injury when &C.a and the said attorney saith that he is not Informed by the said John ^Martin^ of any answer to be given for the said John Marten to the said John Chesley in the Premises nor hath he any other thing to say thereof in Barr or Preclusion of the Action afs.d of him the s.d John Chesley whereby the same John Chesley Remains against the said John Marten thereof undefended Therefore it is Considered that the said John Chesley Recover against the said John Marten his Debt & Costs afs.d and his Damages by occasion of Detaining that Debt to Two Hundred and Eighty One pounds of Tobacco to the same John Def.t in Mer Chesley on his assent by the Court here Adjudged and the said John Martin in Mercy &Ca Mem.o the plf Releases the penalty on payment of Prin.l Int & Damages |
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Charles County Court, Court Record, 1746-1747
| Volume 862, Page 62 View pdf image |
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