474 MARYLAND COURT OF APPEALS

haveing his Action af^d he Ought not to be barred because he Saith that he
the Said Thomas Cockey on the Twenty Seventh day of May Anno Dom
Seventeen hundred and Twenty four at Annarundell County af^d Did Draw
and Deliver unto the Said Thomas Bordley four bills of Exchange all of one
Tenour and Dated the Same twenty Seventh Day of May Anno Dom Seven-
teen hundred and Twenty four af^d Drawn by the Said Thomas Cockey upon
M^r Jonathan Forward Merchant in London Payable to the Said Thomas
Bordley for the Said Sume of Seven hundred and Twenty Pounds Ster^l and
that the Said Jonathan Forward afterw^as To Witt the Twenty fifth Day of
August Anno Dom Seventeen hundred and Twenty four at London To Witt
at Annarundell County af^d Was Demanded by William Hunt the order of
the Said Thomas Bordley for the use of the Said Thomas Bordley According
[671] to the Custome of Merchants to pay the first of the Said Bills of Ex-
change the Second third and fourth of the Same Bills not being then or at any
other time Paid Nevertheless the Said Jonathan Forward the Said first Bill
or any one of the Said Bills or the Sum of Seven hundred and Twenty Pounds
therein mentioned hath not at any time paid to the Said Thomas Bordley
or unto his order According to the Tenour of the Bills of Exchange af^a nor
otherwise And this he is ready to Verifye Wherefore he prays Judgment and
his Debt af^d together With his Damages by Occasion of Detaining the Same
Debt to him to be Adjudged etc.

And the Said Thomas Cockey saith that the plea af^d of the Said Thomas
Bordley by Replication above pleaded and the Matter therein Contained
Are not Sufficient in Law to Mantain the Action af^d or to Compell him the
Said Thomas Cockey to answer or Rejoin thereto And that he to that plea
hath no need nor by the Law of the Land is held to answer or rejoyn And this
he is to Verifie Wherefore for Want of Sufficient Replication in this part the
Said Thomas as before Prays Judgment that the Said Thomas Bordley from
haveing or Mantaining his Action af^d Against him be precluded

And the af^d Thomas Bordley for that he hath above Alledged Sufficient
matter in Law in his Replication af^d his Action af^d Ag^t him the Said Thomas
Cockey to have and Mantain Which he is ready to Verifie Which Matter the
Said Thomas Cockey hath not Gainsayed nor to the Same in anywise An-
swered but the Same Verification to Admitt Doth Altogether refuse the
Said Thomas Bordley as before Prays Judgment and his Debt af^rt together
With his Damages by Occasion of Detaining the Same Debt to him to be
Adjudged

Whereupon all and Singular the premisses being by the Court here
Seen heard and fully Understood and Mature Deliberation being thereupon
had for that it Seems to the Court here that the plea af^d by the af^d Thomas
Bordley above by Replication Pleaded and the Matter in the Same Contained
are good and Sufficient in Law his Action af^d Ag^t him the Said Thomas Cockey
to have and Mantain