264 MARYLAND COURT OF APPEALS

the ballance due to the def^t and about the Same time the Said Complt de-
sir'd the Deponant to bring the defend^ts Acc^t ag^t the Complt w^th him, upon
[405] Which the Defendant Sent the papers hereto annext N^o i: and 2, and
the Dep^o being askt by the Comp" whether (at the time the Def delivered
the afd Papers N^o 1. and 2) he Said there was any other Sume due to him
then what was Mentioned in Said Papers Saith No, but that he often heard
the Defendant Say that he Expected amends for his the Said Complainants
not Complying w^th his whole note to M^r Brice for a large Sume, but whether
the Defendant told him so at that time or no he Cannot Remember, but has
often hear'd the Said Defendant Complain of the Complt not Complying
w^th his payments in Gen^ll, and that he Expected Satisfaction for Such Disap-
pointments or words to that Effect And this Deponent being further Askt
by the Complain^t whether after the bringing the papers N^o 1. and 2, he sent
him to Go or do his Endeavour to Get tobacco in order to pay the Def^t, An-
swereth and Saith That the Complt did Send him this Depon^t to Get Some
Tob^o for the Defendant and that he Accordingly made the Said Defendant
Severall paym^ts and particularly 8. hhd" w^ch was reed by Samuel Dorsey and
w^ch was the last payment, and the Deponant further Saith that the Said De-
fend^t Said that upon payment of the Said Hhd^s of Tob^o (tob^o being Scarce)
he Should not Expect more that year, but that the Said Defendant desir'd
this Deponant to Get as much more (that year, but that the Said Def) as he
Cou'd and that the Complt then Desired this Deponant to pay the Def all
Tob^o that year as he possibly Could, but this Deponant further Saith that
he Cou'd Get no more that year in his Walks.

The Deponant being Examined to the 9^th Inter Says he knows noth-
ing of it.

To the io^th Saith That he Remembers M^r George Middleton and himself
on or about the 24^th Dec^r 1714 Carryed from the Compl^t to the Defend^t Some
Money and that he beleives the Sume to be to be [sic] 8o pounds or there
abouts Currency, and further Deposeth that he beleives a paper now pro-
duced N^o. 5 is a Copy of a Letter then Sent by the Complt. to the Defend^t
[406] By the Said Deponant and M^r George Middleton, and that a paper
likewise produced N^o 6 is an answer thereto. And further Saith that he
hear'd the Complt. Say at the Same time, that the Said money was in full for
the paym^t of the Ball^a of Acc^ts as he the Said Complt made it, and that he this
Deponant understood that if the Said defend^t had reed Said Money he was to
allow 8^s 4^d per hundred, And further Saith that the Said Defend^t wou'd not
Receive the money but Sent it back again to the Complainant by M^r Mid-
dleton and himself and therew^th Sent the Said Letter N^o 6, And being Askt
by the Defendant whether he lookt upon the Said Sume of Money to have
been what was reed by Said Complt for the Defend^t Saith he knows Nothing
thereof. And being further Askt whether he knows of the Complts receiv-
ing any money that year Saith he does not. And being further Askt by the