MARYLAND COURT OF APPEALS 473

the Twenty Seventh Day of May Anno Dom Seventeen hundred and Twenty
four at Annarundell County by his Certain Writeing obligatory Acknowl-
edged himself to be bound unto the af^d Thomas Bordley in the af^a Sum of
Fourteen hundred and forty Pounds Ster^l to be paid unto the Said Thomas
Bordley when thereto he Should be required Nevertheless the af^a Thomas
Cockey Altho often required the af^d fourteen hundred and forty Pounds
Ster^l to the Same Thomas Bordley hath not yet rendered but the Same to
him hitherto to render hath refused and Still doth refuse Whereupon he Says
[670] he is the Worse and has loss to the Value of One Thousand Pounds
Ster^l and thereof he brings the Suit etc. And he brings hereinto Court the
Writeing af^d which Testifyes the Debt af^d in forme af^d whose date is the Day
and year above Said etc.

Propria Persona P^l etc. Jn^o Doe & R^a Roe

And the af^d Thomas Cockey by Daniel Dulany his Attorney Comes and
defends the force and Injury when etc. And prays an hearing of the Writeing
Obligatory af^d and it is read unto him etc. He also prays an hearing of the
Condition of the Same Writeing and it is read unto him in these Words
Viz^t. The Condition of the above Obligation is Such that if the above bound
Thomas Cockey has the day of the Date hereof Delivered to Thomas Bordley
Esq^r four Bills of Exchange all of one Tenour and Dated the Twenty Seventh
Day of May Instant Anno Dom Seventeen hundred and Twenty four Drawn
by Thomas Cockey upon M^r Jonathan Forward Merchant in London pay-
able to Thomas Bordley Esq^r for the Sum of Seven hundred and Twenty
Pounds Ster^l Now if the Said Bills or any of them be duely Accepted and
paid According to the Tenour thereof then this Obligation to be Void and of
None Effect or Else to be in full force power and Vertue. Which being read
and heard the Said Thomas Cockey by his Attorney af^d Prays Leave to im-
parle hereunto Untill Next Court And he hath it the Same day is given to the
plaintiff also

At Which Said Next Court To Witt the Nineteenth Day of October
Anno Dom Seventeen hundred and Twenty five Comes again as well the
Said Thomas Bordley in his proper person af^d as the Said Thomas Cockey
by his Attorney af^d And the Said Thomas Cockey by his Said Attorney as be-
fore Defends the force and Injury when etc. And Saith that the Said Thomas
Bordley his Action af^d Against him to have or Mantain Ought not because he
Saith that one of the Said Bills of Exchange was Duly Accepted And that the
Sum of Seven hundred and Twenty Pounds Ster^l herein mentioned Was paid
by Jonathan Forward in the Condition of the Same Writeing mentioned Ac-
cording to the Tenour of the bills of Exchange af^d to Witt at Annarundell
County af^d And this he is ready to Verifye and therefore prays Judgment of
the Said Thomas Bordley his Action af^d Ag^t him to have or Mantain ought
etc.

And the Said Thomas Bordley Saith that by any thing prealledged from