MARYLAND COURT OF APPEALS 267

Dep^t to pay him the Said Def^t before any other person what tobacco's he pos-
sibly Could, and that he heard the Complt Say he Expected the Defendant
to Send a receiver to receive the Same.

That this Dep^t was very willing in Complyance w^th the Said Complts or-
der to pay the Defend^t on his demand what tobacco Cou'd be had in his
walks, and that if at any time the Defendant was disappointed of Tob^o it was
at times when the Def^t was Disappointed of Tob^o [sic] it was at times when
the Tob^o was disposed of or discounted, and not possibly to be Got in that
year in his walks (tobacco's being Generally Scarce in his walks by Occasion
of the Town) And this Dep^t further Saith that he knows it to be a Constant
Usage or Custom when the Sheriffs pay Tob^o away, that the party to whom
the Tob^o is intended to be paid Send his receiver to Receive the Same where
the Sherr⁸ order it, And the Deponant further Saith that in the year 1708 in
wch jyjr John Brice bought Tob^o of Cap^t Rich^d Jones and M^r Samuel Cham-
bers to the Q^ty of igooo and odd and of the Def^t about 20000 as he has heard
and beleives, that the Said Brice would not Receive any in discharge hereof
but in S^t Ann's and Westminster Parishes, And this Dep^t further Deposeth
that the [410] Complainant was very pressing w^th the Said Brice to discount
the Def^tB note out of the Sums paid him that year, and that this Dep^t after
the Said Brice Reed about 40000*^o Tob^o offered the Said Brice more Tob^o
then Ready in the Said Parishes, and was very Earnest w^th him to Receive
Satisfaction for the Def^ts note but the Said Brice Said the Ship (which Ship
this Defendant beleives to be the Coleman Friggott) was full, and that he
would not Receive any more from the Sheriff. And after all the Req^ts made
him by this Deponant the Said Brice wou'd not Discount any more out off
the defend^ts Order then 4632*" Tob^o and Refused to make up the Acc^t with
the Sheriff Otherwise. And this Dep^t further Saith that he has often Seen the
Complt very uneasie for being in the Def^ts Debt and has heard him the
Said Complt Say he wou'd not Accept Notes payable to the Defend^t (and
particularly one drawn by M^r Bladen) for that it would Swell the Acc^ts be-
tween them, and heard the Complt Say if the Defend^t wou'd Send his Re-
ceiver he was willing to pay the Tob^o

And the Dep^t further Saith that the Defend^t has often times told him
this Dep^t that the Said Complainant refused to Accept Such notes as afd for
some time but Said he would pay the tob^o w^thout Accepting the notes, but
that when the Defend^t askt him to pay Said Tob^o or where he Should go to
Receive it the Said Complt Said he must Stay till Tob^o was ready — but does
not know that ever any Tob^o was got ready on Acc^t of Such Noates, that the
Defend^t refus'd or delay'd to Receive but Saith that if the Defend^t had De-
sired him this Dep^t as his Receiver to Mark any Tob^o towards Satisfaction
of Such Notes, he had power and was Very willing So to doe if he Could have
Got the Same, And further the Deponant Saith that he heard the Complain-
ant Say that he would not pay M^r Brice any Tob^o in S^t Ann's and Westmin-