Brief for James Allston, President and Directors of the Union Bank of Maryland v. Thomas Contee Worthington, 1812

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Brought to court by James Allston, this case revolves around the debt accrued by Thomas Contee and Alexander Contee prior to their deaths. They first borrowed $788.17 and then went back to him to borrow the same amount again. Upon their respective deaths, however, the debt was still outstanding. Their executor, Thomas Contee Worthington, refused to repay the debt, so James Allston hired Roger Taney to file suit against them for the sum of $2000.

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[fol. i.]

Frederick County to wit

Thomas Contee Worthington late of Frederick County gentleman execution of the last will and testament of Thomas Contee deceased who was the surviving partner of Alexander Contee deceased was attached to answer unto James Allston in a plea of Trespass on the case and so forth and where upon the said James by Roger Brook Taney his attorney complains that whereas the said Thomas Contee and Alexander Contee in the life time of the said Thomas Contee and Alexander Contee that is to say on the [ ] twelfth day of July in the year eighteen hundred and three at Frederick County aforesaid were indebted to the said James in the form of seven hundred and eighty eight dollars and seventeen cents current money for sundry articles properly chargeable in account, as by a particular account thereof herewith into court brought may appear, and being so thereof indebted they the said Thomas Contee and Alexander Contee in their life time in consideration thereof afterwards that is to say on the same day and year aforesaid at the county afore said, upon themselves assumed and to the said and to the said James then and there faithfully promised, that they the said Thomas Contee and Alexander Contee the said sum of money to the said James would well and truly pay when afterwards they should be thereunto required --

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And whereas also afterwards that is to say on the same day and year aforesaid at the County the said Thomas Contee and Alexander Contee in their life time were indebted to the said James in another sum of seven hundred and eighty eight dollars and seventeen cents current money for the like sum of current money by the said James at the special instance and reguest and to and for the use and behoof of the said Thomas Contee and Alexander Contee before that time laid out expended and paid and being so thereof indebted the aforesaid Thomas Contee and Alexander Contee in their life time afterwards that is to say on the day and year last aforesaid at the county aforesaid in consideration thereof upon themselves assumed and to the said James then and there faithfully promised to pay him the last aforesaid sum of current money when they the said Thomas Contee and Alexander Contee should be there unto afterwards required

and whereas also afterwards that is to say on the day and year aforesaid at the county aforesaid the said Thomas Contee and Alexander Contee in their life time were indebted to the said James in another sum of seven hundred and eighty eight dollars and seventeen cents current money for the like sum of current money by the said Thomas Contee and Alexander Contee before that time had and received to and for the use of the said James, and being to thereof indebted the aforsaid Thomas Contee and Alexander Contee

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[fol. iii.]

in their life time afterwards that is to say on the day and year last aforesaid at the County aforesaid in consideration thereof upon themselves assumed and to the said James then and there faithfully promised to pay him the last aforesaid sum of money when they should be thereunto afterwards required --

and whereas also afterwards that is to say on the same day and year aforesaid at the County aforesaid the said Thomas Contee and Alexander Contee in their life time were indebted to the said James in another sum of seven hundred and eighty eight dollars and seventeen cents current money, for the like sum of current money before that time lent and [ ]- [ ] by the said James to the said Thomas Contee and Alexander Contee at their special instance and request, and being so indebted the aforeaid Thomas Contee and Alexander Contee in their life time, afterwards that is to say on the day and year last aforesaid at the county aforesaid in consideration thereof upon themselves assumed and to the James then and there faithfully promised to pay him the last aforesaid sum of money when they should be thereunto afterwards requested

nevertheless the said Thomas Contee and Alexander Contee in the life time of the said Alexander or the said Thomas Contee after the death of the said Alexander, which said Alexander

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the said Thomas Contee survived, as the said Thomas Contee Worthington since the death of the said Thomas Contee (a etho often thereto requested) have not nor hath either of them yet paid the said several sums of Current money or either of them or any part of them to the said James, but to pay the same or either of them in any part of them to the said James, the said Thomas Contee and Alexander Contee in the life time of the said Alexander and the said Thomas Contee after the death of the said Alexander, and the said Thomas Contee Worthington after the death of the said Thomas Contee, and each and every of them respectively have altogether refused, and the said Thomas Contee Worthington still doth refuse: to the damage of the said James in the sum of two thousand dollars current money and therefo[...] he brings suit and soforth --

R. B. Taney Plffs Atty

Pledges Jno. Doe ------------Rd. Roe

36 240 218. AC. 12:

copy Nar --- & acct ---

-Co Nar 8∫23 Co Act. 20∫86 ---------- 29∫04 Co pleas 2∫34

James Allston, use of The President and Directors of the Unon Bank of Maryland vs Thomas Contee Worthington Exr of Thomas Contee Surviving partner of Alexander Contee

nar & acct.

Mr. Ritchie file this & issue copies thereon R. B. Taney

July 22d. 1812

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