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June Court 1760 31
it Should happen that Judgment in the plea afd. Should be Rendred for the Said Elijah Mathews Against the afd.
James Smith or that he the Said James Should be therein Convict that then he the Said James Should pay or
Satisfie unto the afd. Elijah the Judgment of the Court thereupon or Render his body in Execution of Such Judgment
to the Prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Robert Jenkins Henry
will do the Same for him &c
Whereupon the Said James Smith puts in his place William Hayward Gent. Attorney at Law
Against the afd. Elijah Mathews of the afd. plea
And thereupon at the prayer of the parties afd. day is to them now here given untill next
Court to be held at Princes Ann Town the third Tuesday of June then next following in the State that
now Saving to the parties afd.
Att which day here Came the parties afd. by their Attorneys afd. and hereupon the Said Elijah
Mathews Complained of the afd. James Smith in the plea afd. in form following
Somerset fst James Smith Late of Somerset County Planter was Attached to Answer unto Elijah Mathews of
A plea of trespass upon the Case and So forth And Whereupon the Said Elijah by Litn. Dennis his Atty. Complains
that Whereas the Said James on the day of Anno Dom. at the County afd. was Indebted
unto the Said Elijah in the Sum of Curt. Money of Maryland for the Sundry matters
And things in the Account hereto Annexed mentioned and So thereof Indebted being the Said James in Consideration
thereof Afterwards to wit the day and Year afd. at the County afd. upon himself did Assume and to the Said Elijah then &
there faithfully Promise that he the Said James the Sum of
when he Should be thereto Afterwards Required would well and faithfully pay and Content Nevertheless
the Said James his Promise and Assumption afd. in form afd. made not Regarding the Sum of Money afd. unto the Said
Elijah he hath not paid nor him for the Same in Any Sort Contented but that to do hitherto hath denyed and Still doth
deny Altho the Same to him to pay the Said James afterwards to wit the day and Year afd. at the County afd. and often Since
that time by the Said Elijah Required to the Damage of the Said Elijah Twenty pounds Curt. Money of Maryland
And thereof he brings Suit and So forth Pledges &c. J. Doe & R. Roe
And the afd. James Smith by his Attorney afd. Comes and defends the force and Injury
when &c. And Saith that he Cannot deny the Action afd. of the afd. Elijah Mathews nor but that
he did Assume upon himself in manner and form as the afd. Elijah Above Against him hath
Complained and as to the Damage of the Said Elijah by him by Occasion of the premisses in that part
Sustained the Same James Saith and Acknowledgeth that the afd. Elijah hath Sustained Damages by
Occasion of the Premisses beyond his Costs and Charges by him about his Suit in that part Apposed to
Curt. Money and not more and because the afd. Elijah denys not this
but the Same Allegation Grants to be true prays Judgment for those damages above Acknowledged together
with his Costs and Charges afd. to him to be Adjudged
Therefore by Consent of the parties afd. it is Considered that the afd. Elijah Mathews
Recover Against the afd. James Smith his Damages afd. to the afd.
Curt. Money by the Same James in form afd. Acknowledged as also
246 Pounds of Tobacco for his Costs and Charges afd. to the Same Elijah at his Request by
the Court now here of the Assent of the parties afd. Adjudged which Certain Damages in the whole Amounts to
Curt. Money & Pounds of Tobacco and the afd. James in Mercy &c.
to be held at Princes Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred and Sixty
to Answer unto Abraham Outen of A plea of trespass upon the Case &c. And the Same day is given to the afd.
Abraham here &c. Att which day here Came the afd. Abraham Outen by William Hayward his Attorney
And the Sheriff to wit John Dennis Gent. now here Returned that he had taken the afd. Wm. Bradly whose body
here at this day he had Ready to Answer the afd. Abraham Outen of the afd. plea as to him it was Commanded
Whereupon the Said William Bradly at the prayer of the afd. Abraham Outen is Adjudged to give
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