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Somerset County Judicial Records, 1740-1742
Volume 861, Page 2b   View pdf image
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             August Court                           1740                      2

dividing Creek in the same County the third Tuesday of august Ann Dom One thousand seven hundred and forty to answer unto
William Whittington of a plea of trespass upon the Case &a and the same day is given to the aforesaid William here &a

                   Att which day here Came the aforesaid William Whittington by Francis Allen his attorney and the sheriffe returned here
that he had taken the aforesaid Edward Rownd whose body he had here Ready to answer unto the aforesaid William of the aforesd
plea as to him it was Commanded

             And hereupon the said William Complained against the aforesaid Edward of the aforesaid plea in form following
Somerset County ss   Edward Rownd Late of Somerset County Gentleman was attached to answer unto William Whittington
of a plea of trespass upon the Case &a

                               And whereupon the said William by Francis Allen his attorney Complaines that whereas the said Edward
after the first day of May Ann Dom seventeen hundred and five to witt on the thirteenth day of June seventeen hundred and forty
att the County of Somerset aforesaid within the Jurisdiction of this Court made his Certain note in writing Called a promissary note
note with his proper hand subscribed bearing date the same day and year last mentioned and the said note to the said William
then and there did deliver by which said note the said Edward did promise to pay or Cause to be paid to the said William or his order
the sum of four pounds five shillings and one penny Sterling Money for value reced and by reason thereof as also by force of the
statute in that Case lately made and provided the said Edward became Chargeable to pay to the said William the aforesaid sum of
money according to the tenor of the said note and so being Chargeable the said Edward in Consideration thereof afterwards to witt
the aforesaid thirteenth day of June Seventeen hundred  and forty aforesaid at Somerset County aforesaid upon himself did assume and to the
said William then and there did faithfully promise to pay him the aforesaid Sum of Money according to the tenor of the said note yett the
said Edward his promise and assumption aforesaid in Forme aforesaid made not regarding but plotting and fraudulently intending the said
William in that part Craftilly and Subtilly to deceive and defraud tho often thereunto requested the said Sum of Money to the said
William according to the tenor of the said note hath not paid or Contented but the same to him hitherto to pay hath refused and still doth
refuse and deny to the damage of the said William of Eight pounds tenn shillings Sterling money aforesaid and thereupon he brings suit
                                                                                                                                        pledg.s &c  John Doe R Roe

          And the aforesaid Edward Rownd in his proper person Comes and defends the force and Injury when &.c and saith that
he Cannot deny the Action aforesaid of the aforesaid William Whittington nor but that he did assume upon himself in manner and form
as the aforesaid William Whittington above against him hath Complained and as to the damage of the said William by him by occasion of the
premisses in that part sustained the same Edward Rownd saith and acknowledged that the aforesaid William hath sustained damages
by occasion of the premisses beyond his Costs and Charges by him about his suit in that part apposed to four pounds five shillings
and one penny sterling money and not more and because the aforesaid William denyes not this but the same allegation Grants to be true
prays Judgment for those damages above Acknowledged together with his Costs and Charges aforesaid to him to be adjudged &a

                Therefore by Consent of the parties aforesaid it is Considered that the aforesaid William Whittington recover against the aforesaid
Edward Rownd his damages aforesaid to the aforesaid four pounds five shillings and one penny Sterling money by the same Edward
230   in form aforesaid acknowledged as also Two hundred and thirty                                          pounds of tobacco for his Costs and
Charges aforesaid to the same William at his request by the Court now here of the assent of the parties aforesaid adjudged which
Certain damages in the whole amounts to four pounds five shillings and one penny Sterling Money and Two hundred and thirty
                                                 pounds of tobacco and the aforesaid Edward in mercy &a



 
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Somerset County Judicial Records, 1740-1742
Volume 861, Page 2b   View pdf image
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