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 afd Thomas Bordley in the afa Sum of
Fourteen hundred and forty Pounds Sterl to be paid unto the Said Thomas
Bordley when thereto he Should be required Nevertheless the afa Thomas
Cockey Altho often required the afd fourteen hundred and forty Pounds
Sterl 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
Sterl and thereof he brings the Suit etc. And he brings hereinto Court the
Writeing afd which Testifyes the Debt afd in forme afd whose date is the Day
and year above Said etc.
Propria Persona Pl etc. Jno Doe & Ra Roe
And the afd Thomas Cockey by Daniel Dulany his Attorney Comes and
defends the force and Injury when etc. And prays an hearing of the Writeing
Obligatory afd 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
Vizt. 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
Esqr 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 Mr Jonathan Forward Merchant in London pay-
able to Thomas Bordley Esqr for the Sum of Seven hundred and Twenty
Pounds Sterl 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 afd 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 afd as the Said Thomas Cockey
by his Attorney afd 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 afd 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 Sterl 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 afd to Witt at Annarundell
County afd And this he is ready to Verifye and therefore prays Judgment of
the Said Thomas Bordley his Action afd Agt him to have or Mantain ought
etc.
And the Said Thomas Bordley Saith that by any thing prealledged from
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