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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 480   View pdf image (33K)
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480 MARYLAND COURT OF APPEALS

Dated the Same Twenty Seventh Day of May Anno Dom Seventeen hundred
and Twenty four afd drawn by the afd Thomas Cockey upon Mr Jonathan
Forward Merchant in London payable to the Said Thomas Bordley for the
Sum of Seven hundred and Twenty Pounds Sterl And that the Said Jonathan
Forward Afterwds To Witt the Twenty fifth Day of August Anno Dom Sev-
enteen hundred and Twenty four at London To Witt at Annarundell
County afd was Demanded by William Hunt the order of the Said Thomas
Bordley for the use of the Said Thomas Bordley According to the use of
Merchants to Pay the first of the Said Bills of Exchange the Second third and
fourth of the Same bills not being then nor at any other Time paid And the
Said Jonathan Forward haveing before that Time had thirty Days Sight
thereof Nevertheless the Said Jonathan Forward the Said first Bill or any
one of the Said Bills or the Sume 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 afd nor
Otherwise And this he is ready to Verifie Wherefore he prays Judgment And
his Debt aft together with his Damages by Occasion of Detaining the Same
Debt to him to be Adjudged etc.

And the Said William Rogers Saith that the plea afd of the Said Thomas
Bordley by Replication above pleaded and the matter therein Contained are
not Sufficient in Law to Mantain the Action afd or to Compell him the Said
William Rogers to answer or Rejoyn 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 ready to Verifye Wherefore for Want of a Sufficient Replication in this
part the Said William as before Prays Judgment that the Said Thomas from
haveing or mantaining his Action afa Agt him be precluded

And the afd Thomas Bordley for that he hath above alledged Suffi-
cient Matter in Law in his Replication afd his Action afd agt him the Said
William Rogers to have and mantain which he is [sic] to Verifye which
Matter the Said William hath not Gainsayed nor to the Same in any wise
Answered but the Same Verification to admitt doth altogether refuse the
Said Thomas Bordley as before Prays Judgment And his Debt afd 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 [677] Court here that the plea afd by the afa Thomas
Bordley above by Replication pleaded and the Matter in the Same Contained
are good and Sufficient in Law for his Action a£a Agt him the Said William
Rogers to have and mantain

Therefore it is Considered by the Justices here the i9th Day of October
Anno Dom 1725 afd that the Said Thomas Bordley recover Agt the Said
Thomas Cockey as well the Sum of Fourteen hundred and forty Pounds Sterl


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 480   View pdf image (33K)
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