MARYLAND COURT OF APPEALS 485

dred and Twenty four at Annarundell County by his Certain Writeing
Obligatory Acknowledged himself to be bound unto the af^d Thomas Bordley
in the af^d Sume 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^d Robert Gordon Altho often required the af^d fourteen Hundred and
forty Pounds Sterling 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 he is the Worse and has Loss to the Value of One Thou-
sand Pounds Sterling and thereof he brings the Suit etc. And he brings here-
into Court the Writeing af^d Which Testifies the Debt af^d in form af^d whose
date is the day and year above Said

pledges etc. Jn^o Doe and R^d Roe

[680] And the af^d Robert Gordon 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 etc. he also prays an hearing of
the Condition of the Same Writeing And it is read unto him in these 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 Bord-
ley 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
payable to Thomas Bordley Esq^r for the Sum of Seven hundred and Twenty
Pounds Sterling Now if the Said Bills or any of them be duly 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 Robert Gordon by his Attorney af^d prays Leave to
imparle hereunto Untill Next Court and he hath it and 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^ll as the S^d Robert Gordon by his
Attorney af^d And the Said Robert Gordon by his S^d Attorney as before de-
fends the force and Injury when etc. And Saith that the Said Thomas Bord-
ley his Action af^d Ag^t 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 Sterling therein 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 and this he is ready to Verifie And therefore Prays Judgment if the
S^d Thomas Bordley his Action af^d Against him to have or mantain Ought etc.

And the S^d Thomas Bordley Saith that by any thing prealledged from
having his Action af^d he Ought not to be barred because he Saith That the
Said Thomas Cockey on the Twenty Seventh Day of May Anno Dom Seven-