MARYLAND COURT OF APPEALS 249

the Said Gresham or Gassaway or any other wou'd have paid him but the
Said Gassaway Refused to pay the Said five thousand pounds of Tob^o (as this
DeP has heared and beleives) endeavouring to put the Said Beard and this
Def^t of w^th giving orders on the Sheriff for the paym^t of the Said Tob^o but
no ways Condescending to pay the ready Tob^o or to Shew it to the Said Beard
or this Defendant charging this Def^t w^th Strictnesse for Expecting that Sume
of him; that this Defend^t not being able to get a more Satisfactory Answer
nor finding a probability of Getting Said Tob^o otherwise in the name of
Said Beard brought an Action in Ann Arundell County Court against the Said
Gassaway for the Said five thousand pounds of Tob^o but so far was the Said
Gresham or Gassaway from Coming to any Just Complyance that Instead
thereof as this Def^t has heared and beleives the Said Gresham employed Sev-
erall Attrys at Law to endeavour to keep this Defend^t out of the Tob^o afore-
said and Soe far as in them lay to blacken and asperse this Def^t w^th fraud
for thus endeavouring to get a part of his Due and (amongst other things)
alledged and professed in their answer to the Said Suit that this Defend^t did
not endorse or transfer the afd note or order the afd five thousand pounds of
Tob^o to be paid to the Said Jn^o Beard or order and that the Said Jn^o Beard
Sued the Said Tho^s Gassaway on the Said note by fraud to and for the Use
of this Def^t ag^t whom the Said Thomas by protestation alleged that he had
an Ace' amounting to five thousand pounds of Tob^o that had arisen due
to him Since the Acceptance of that note and that he had paid that note to
this Def^t but the Said plea or Answer being found wholly frivolous and
Merely Used to Vex this Def^t the Said Jn^o Beard notwithstanding all the
oppossition they were able to make had Judgm^t ag^t the Said Gassaway and
then the Said Gassaway by his Attry Confessed the Damages for the Said five
thousand pounds of Tob^o besides Seven hundred and five pounds of Tob^o
Costs in the Comp"⁸ bill Mentioned That after the Said [385] Judgment
was Recovered this Def^t being Still willing to avoid puting the Said Gassa-
way or Gresham to any unnecessary Charges forbore Issuing out Execution
on that Judgm^t against Said Gassaway on the Said Gresham's fair pomises
to Comply till about the fifth day of May Seventeen hundred and fifteen at
w^cn time (the tenth day of May being near) and not having reed any Tob^o
on Acc^t of the Said Judgment apprehended the Said Gresham or Gassaway
designed to take the Advantage of Staying the Ex^o till Nov^r following and
this this Defend^t is the rather inclinable to beleive because he refused to
give this Defend^t his penall bond that the Tob^o Shou'd be paid that present
Tob^o Season untill this Defend^t had Actually Sued out Execution and ac-
quitted the Said Gresham of it And then the Said Gresham gave Such bond
duely executed for the paym^t of the Said Tob^o by the last of June then Next
or twenty Shillings Sterl per Cent for the Tob^o if not Soe paid; That this
Defend^t has heared and beleives that what ever Charge fell on Said Gassaway
by that Suit was the proper loss of the Said Gresham and that it was to prevent