MARYLAND COURT OF APPEALS 247

him any that he Refused to the best of his Remembrance but this Defend*
very well Remembers that he was often most Justly Complaining of the Said
Gresham's Slighting him in his payments [381] And that the Said Gresham
wou'd Scarce ever pay him any but what happened to Suit his Conveniency
by Discount. That this Def^t hath been often offered by responsible persons
Considerable prices for Tob^o in Ann Arundell County if he cou'd Shew it
them in Hh^ds when the Same persons have refused to be concerned w^th this
Defendant for Tob^o in the Said Gresham's hands for much Easier prices
That this Defend^t beleives this Difference of prices might prompt him to
Desire the Said Gresham to prepare him his Tob^o ready for Receiving
of then might be pleasing to the Said Gresham which perhaps may
be the Reason that the Said Gresham in his bill most falsly and unhand-
somly terms this Defendant Soe naveing gripeing and unreasonable a man
And this this [sic] Def^t is more inclinable to beleive from the Anger the
Said Gresham always Exprest whenever this Defend^t made any Demand made
any Demand [sic] upon him that this Defend^t wonders the Said Gresham
Should Charge him w^th not demanding his Tob^o Since by the Said Greshams
letter under his hand Ready to be produced directed to this Defend^t in
Seventeen hundred and fourteen he intimates that to the end he may noe
longer lye under the¹ and this Def^ts Sundry upbraidings the Score of
non payment as this Def^t takes it but Refers to the Said Letter for the Better
Understanding the Comp"⁸ intent thereby) he ofers Current Money at a
pinny per pound for Such Tob^o as he was pleased to Call his due w^ch this
Defendant refused that the Said Gresham and this Defend^t never Settled
Acc^ts together Since the year Seventeen hundred and Eight nor did this
Def^t ever Assent to any the Acc^ts Settled by the Said Gresham Since that
time for the unfairnesse of them but this Defend^t acknowledges when the
Said Gresham found this Defend^t wou'd not Subscribe or voluntarily Assent
to his Ace^ts as he was pleased to Stake them he then procured credit to be
given this Defend^t in M^r Tho^s Gassaway's Acc^t for the year [382] Seventeen
hundred and twelve by the ballance (as he termed it) due from M^r Gresham
twenty nine thousand Eight hundred and Seventy pounds of Tob^o but this
Defendant beleiving if he had accepted of that Credit as being the Ballance
due from Said Gresham it had amounted to an Accounting together And this
Defendant had been thereby excluded from insisting on any other
ballance then that w^cb the Said Gresham was pleased himself to Call Soe tho
far Short of this Defendants just Fine and likewise for that this Defend^t had
heard and really beleived and Still does believe that tho' the Said Gassaway
had the name of Sheriff of the Said County yet that he was only named at
the Said Greshams Request And for his Interest to evade the Act of Assem-
bly relateing to Sheriffs Offices that by a private bergain betwixt the s^d
Gresham and the Said Gassaway he the Said Gresham might have the profitts
and Sustain the Loss if any was to have the Sole Directions and ordering of