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Somerset County Judicial Records, 1760-1763
Volume 543, Page 1   View pdf image
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   March Court            1760            1
WH    Robert Carmincael & Copy

@      Command was given to the Sheriff of Somerset County that he Should Take
LD    Thomas Newbold    Thomas Newbold Late of Somerset County planter if he Should be found in his Bailywick
And him Should Safe keep so that he might have his body before the Justices of his Lordships County Court of
Somerset to be held at Princes Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred
and Sixty to Answer unto Robert Carmichael and Compy of A plea of trespass upon the Case &c. And the Same
day is given to the afd. Robert & Copy here &c.
           Att which day here Came the afd. Robert Carmichael & Copy by William Hayward their Attorney
And the Sheriff to witt John Dennis Gent now here Returned that he had taken the afd. Thomas Newbold
whose body here at this day he had Ready to Answer the afd Robert and Copy of the afd. plea as to him it
was Commanded       And hereupon the Said Robert Carmichael & Copy Complained of the afd. Thomas
Newbold in the plea afd in form following            Somerset to witt    Thomas Newbold Late of Somerset County
Planter was Attached to Answer unto Robert Carmichael and Copy of A plea of trespass upon the Case &c.
           And Whereupon the Said Robert and Copy by William Hayward his Atty Complains that whereas
the Said Thomas on the first day of Febry Anno Dom. MDCCLX at Somerset County afd. was Indebted unto
the Said Robert and Copy in the Sum of Three Pounds Seven Shillings and Nine pence Cut Money of Maryland
for So much Money before that time had and Received and So thereof Chargeable being the Said Thomas in
Consideration thereof afterwards to witt the Same day and Year afd. at the County afd. upon himself Assumed and to the
Said Robert then and there faithfully promise that he the Said Thomas the Sum of Money afd. to the Said Robert
When he Should be thereto afterwards Required well and faithfully would pay and Content Nevertheless the Said
Thomas his Promise and Assumption afd. in form afd. made Little Regarding but minding and fraudulently Intending
the Said Robert in that Part Craftily and Subtilly to deceive and defraud the Sum of Money afd. to the Said Robert
hath not paid or him for the Same in Any Sort Contented Altho the Same to do the Said Thomas afterwards to wit the
Same day and Year afd. and often Since at the County afd. by the Said Robert & Copy was Required but the Same to him
to Pay altogether hath Refused and Still doth Refuse and unjustly detain Whereupon the Said Robert Says he [is]
Worse and hath damage to the Value of Ten pounds Crt Money of Maryland there thereof he brings Suit &
So forth                                               Pledges &c J: Doe & R: Roe
           Whereupon the Said Thomas Newbold at the Prayer of the afd. Robert Carmichael & Copy is
Adjudged to give Special Bail to the Action afd.    Thereupon a Certain                      of Somerset County
Gent Present herein Court in his Proper person under took for the Said Thomas Newbold that if it Should happen
that Judgment in the plea afd. Should be Rendred for the Said Robert and Copy Against the afd. Thomas or that he
the Said Thomas Should be therein Convict that then he the Said Thomas Should pay and Satisfie unto the afd. Rober[t]
and Copy 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                      will do the Same
for him &c.
             And the afd. Thomas Newbold by Littleton Dennis his Atty Comes and defends the force and
Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. Robert and Copy nor but that he did
Assume upon himself in Manner and form as the afd. Robert and Copy Above Against him hath Complained and as to th[e]
damage of the Same Robert and Copy by him by Occasion of the Premisses in that part Sustained the Same Thomas
Saith and Acknowledgeth that the afd. Robert & Copy have Sustained Damages by Occasion of the Premisses beyo[nd]
their Costs and Charges by them about their Suit in that part Apposed to three pounds Seven Shillings and Nine pen[ce]
Ct Money and not More and because the afd. Robert & Cy deny not this but the Same Allegation Grant to be true
pray 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. Robert Carmichael & Copy Recover
Against the afd. Thomas Newbold his Damages afd. to the afd. three pound Seven Shillings and Nine pence
195    Ct. Money by the Same Thomas in form afd. Acknowledged as also
Pounds of Tobacco for their Costs & Charges afd to the Same Robert & Copy at their Request by the Court now here of the
Assent of the Parties afd. Adjudged which Certain Damages in the whole Amount to three pound Seven
Shillings & Nine pence Cut Money &                           Pounds of Tobacco and the afd Thomas in
Mercy &c.


 
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Somerset County Judicial Records, 1760-1763
Volume 543, Page 1   View pdf image
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