246 MARYLAND COURT OF APPEALS

Said fees and in the year Seventeen hundred and nine out of the Arrears
of the Said Lists in Seventeen hundred and Eight and out of the new Lists in
Seventeen hundred and nine w^ch amounted to about forty thousand and
forty two the Said Gresham the Said Gresham [sic] Gave this Defend^t Creditt
in the year Seventeen hundred and Eleven but for about Six thousand three
hundred and twenty Six more Soe that instead of about twenty One thou-
sand the Said Gresham Credited this Defendant but w^th about fourteen
thousand pounds of Tob^o and Refused Giving this Defendant further Credits
on Acc^t Said Lists And this Defendant further Saith that this Defend^t Core-
spond^t in England about the year Seventeen hundred and nine having failed
in his Creditt w^th about one hundred and forty pounds Sterling of this De-
fendants Money [380] in his hands this Defendant for want of the Benifit
of the Said Brices bargaine to Send his bills for goods to England was obliged
to purchase Goods in this Country for his family's Use at very Extravagant
Rates for Tob^o most of the Merch^ts this Def^t dealt w^th having by this time
observed the many trifling Scruples and nicetyes used by the Said Gresham
in his manner of paym^ts as this Def^t heard and beleives wou'd not allow Soe
much for Tob^o in his hands as in others w^ch proved greatly to this Def^ts dam-
age And as this DeP beleives far beyond w^t the allowance of comon interest
wou'd make him Recompence for that This Defendant after the Disappoint-
ments he met With in the year Seventeen hundred and nine took care to
put the Said Gresham in mind of the Tob^o he owed him to the best of his
Remembrance every Tob^o Season whilst he was in the Country that he might
prepare for the paym^t of it when the Said Greshams Answer's were usually
that it was either too Soon or too late for Tob^o if in the fall that he (the Said
Defendant) need not be in Such hast he (the Said Gresham) had Tob^o
enough to pay him and Such like Expressions most generally uttered w^th a
Seemingly Scornfull anger and Some times Valuing himself w^th an Estate
able to purchase two or three times that of this Defendants and Such like
Dissatisfactory Answers w^ch made this Defendant more Spareing of his De-
mands then otherwise he Should have been not delighting in Such flouting
treatment as he generally met w^th from the Said Gresham and when this
Def^t has waited the Said Gresham's leisure till the Spring of such years
about March Court or some Short time after and made application to him
againe for Tob^o he has frequently Answered what! are not y^o paid yet! I or-
dered M^r Reynolds to pay you long Since, why had not you Spoke for it
Sooner tis almost two late now or to this effect; that Some times the Said
Gresham wou'd Send this Defend' in an Anger to M^r Tho^s Reynolds who
was Deputy Sheriff to the Said Gresham w^th orders that he Shou'd pay this
Defend^t all he owed him when the Said Reynolds has told this Defendant he
knew not where to get one Hh^d for him that this Defendant was always will-
ing to Receive any good Merchantable Tob^o that the Said Gresham Shou'd
have tendred in Tob^o time but declares that the Said Gresham never tendred