Mary Ann Williams v. Mary Massey. Promissory Note
Dec. on Note. - Printed and Solde by R. A. Waters, D st., bet. 9th and 10th.
late of the county aforesaid attached to answer unto in a plea of trespass on the case, and so forth. And whereupon the said plaintiff by attorney complain that, whereas, heretofore, to wit: on the day of in the year of our Lord eighteen hundred and at Washington to wit at the County aforesaid one one made certain Note in writing, commonly called a Promissory Note, own proper hand-writing being thereunto subscribed, bearing date the day and year aforesaid and thereby then and there promised to pay to by the name of or order, the full just sum of dollars cents, current money of the United States, for value received and then and there delivered the said Note to the said And the said to whom or to whose order the payment of the said sum of money in the said Note mentioned, was to be made afterwards and before the payment thereof, and before the time limited in the said Note for the payment thereof, to wit: on the day and year aforesaid, at the county aforesaid, endorsed the said Note own proper hand-writing, being thereon subscribed, and thereby ordered and appointed the contents of the said Note to be paid to the said and then and there delivered the said Note so endorsed, to the said of which said endorsement so made as aforesaid on the said Note the said afterwards to wit: on the day and year aforesaid, at the county aforesaid, had notice.
And the plaintiff aver that afterwards, and after the expiration of the said time limited in the said Note, for the payment thereof, to wit: on the day of in the year eighteen hundred and aforesaid, showed and presented the said Note, with the endorsements so made thereon as aforesaid, to the said and then and there required the said to pay the same; but the said did not then, or at any time since, pay the same or any part thereof, to the said plaintiff but then and there wholly refused to do; of all which premises the said defendant afterwards, to wit: on the day and year aforesaid, at the county aforesaid, had notice
By reason whereof, and by force of the statue, in such case made and provided, the defendant became liable to pay the said sum of money, in the said Note mentioned, to the plaintiff (according to the tenor and effect of the same, and the said endorsement thereon) and being so liable, in consideration thereof, then and there undertook, and promised to pay the same to the plaintiff according to the tenor and effect thereof, and the endorsement thereon, whenever afterwards should be thereto requested.
And, whereas, the defendant afterwards, to wit: on the day of in the year eighteen hundred and at the county aforesaid, was indebted unto the plaintiff in another sum of dollars cents, like money, for the likesum of money by the plaintiff to and for the use of the defendant before that time paid, laid out and expended, at the special instance and request of the defendant and for other money by the plaintiff before the time lent and advanced to the defendant at special instance and request; and for other money by the defendant before that time had and received to the use of the plaintiff and being so indebted, the defendant in consideration thereof afterwards, to wit: on the same day and year last aforesaid, at the county aforesaid, undertook and promised the plaintiff to pay the last mentioned sum of money when afterwards should be thereunto required.
And, whereas, the defendant afterwards, that is to say on the day of in the year aforesaid, at the county aforesaid accounted with the plaintiff of and concerning divers sums of money from the said defendant to the said plaintiff before that time due owing then in arrear and unpaid and upon such accounting the said defendant then and there found in arrear and indebted to the said plaintiff in the further sum of and being so found in arrear and indebted, the said defendant afterward, that is to say: on the day and year last mentioned, at the county aforesaid, in consideration thereof, undertook and then and there faithfully promised to pay to the plaintiff when thereto afterwards required, the said last mentioned sum of money.
Yet the defendant the said sum of money herein mentioned or any part thereof (although often thereto requested, to wit: on the day and year aforesaid, at the county aforesaid, and often afterwards) ha not paid, but the same or any part thereof, to pay ha hitherto wholly refused, and still do refuse to the damage of the plaintiff in the sum of thousand dollars, current money and therefore bring suit, and so forth.
For the plaintiff
237 aps.
Mary N. Williams
v
Mary Massey
Pet for freed
Nar.[?]
File this
C & M.
Filed Octo 21st 1856