258 MARYLAND COURT OF APPEALS

persons wanted a Small Quantity to fill up there Ships, then the Defend^t
having a Prospect to Sell Some of his to advantage Required this Replyant
to pay him a Quantity when all the Collection for that year was over [397]
and that this Replyant could not Comand a Hogsheaad and this Replyant
beleives and hopes to prove that it was at Such times M^r Reynolds made the
answers or some of them (if at all he made them) to the Defend^t, as he men-
tions in his answer, But that the Defendant any way ever indulged this Re-
plyant is what he beleives the Defend^t cannot prove, and this Repliant Saith
that the defendant left the Tobacco in his hands not knowing how to use it,
which was no profile but a Very great burthen to this Replyant, he being
obliged to let his debts remain in his Debtors hands without Interest Some
whereof he lost, This Replyant Saith that the Defendant had no power or
assignment on Suing his office bond from the Governour or keeper of the
great Seale in authority to put his Said bond in Suite and less grounds or
reason to vex him thereupon at law, and therefore as this Replyant can make
it appear that during his Sherrivalty he always accepted and was ready to pay
all the defendants orders on him for Tobacco, tho' drawne when Tobo time
was generally over, if he could any ways Comply with them by discount or
other wise and lodged for him in his Successors hands all the Tobo that he
believed to be his due and for that the s^d defendant can't prove that in any
one year before the twenty fifth day of December he demanded his claim of
this Defendant, and for that he alsoe tendred to the Said Defendant before
his bonds were put in Suit money according to act of Assembly for all or the
greatest part of his Claime w^ch he Refused to Come to an Adjustment of
Accounts w^th this Replyant, This Replyant hopes this Honble Court will
never allow the Defendant Interest for the Tob^o when tis Evident he might
have had it, in the years it became due, Since by his own acknowledgement
he received the greatest part of it in years that Tob^o was very Valuable all
w^ch this Replyant is ready to averr maintain and prove as this Honble Court
Shall award And therefore prays relief on the Matters in his bill and that
the Def^t may rejoyn'd hereto

Jn^o Gresham

[398] The Rejoynder of Thomas Bordley Defendant To the
Replication of John Gresham Complainant

The Said Defendant Saith that the Replication of the Comp" is false
unjust and very insufficient in Law to be by this Defend^t rejoyned :;nto tor
Divirse Defects and Imperfections therein particularly in that i! j Same
Seems to be purposely Contrived to draw this Defendants Character in Ques-
tion and only to Slur and Reflect upon it without any Material allegations
therein Relating to the Cause only insinuating that the Matters o; fact in
this Defend^ts answer mentioned are not Sufficiently proved by hi .is De-
fendants own oath Referring him to further proofs Contrary to a Rules