MARYLAND COURT OF APPEALS 499

by the Laws of England and this province hath no need to answer because
he Saith that the Scop [sic] of the S^d Bill is to Charge this Defendant with hav-
ing received Six hundred pounds bills of Exchange from one Powlson by En-
dorsment Which were drawn by one Cockey the Agent for Factor of the S^d
Complainant upon him and were protested by him and for Which the De-
fendant has Sued the S^d Cockey and prays that the S^a Bills may be Delivered
to him the Complainant because his factor drew them to prevent the S^d
Powlson from Executing the Complainants goods that were Condemned in
the Said Factors hands and because the Complainant has reverst a Judgment
against the S^d Powlson for that Sume in Satisfaction of w^cn Judgment those
Bills were paid Whereby it appears by the Complainants Own Shewing that
the bills Complained for Were drawn for a Valuable Consideration payable
to the S^d Powlson or order and that they were Endorst to this Defendant
Wherefore for that the Complainant Shews no right Debt Claim or demand
That he has against this Defendant nor any Dealings or Concerns with him
but only Supposes that his Factor the Said Cockey drew bills for a Sum on
his Account that he Afterw^ds Acquitted himself of and Would therefore have
this Defendant and of Course any other person that had been Induced by
the Creditt of the Drawer to have paid the Value for the S^d Bills to deliver
them to the Complainant and for that it Seems if the Complainant have any
Cause of Complaint Concerning those Bills it must be against Cockey for
drawing them (who yet as it Seems by the Scope of the Bill hath not Bur-
thened the Complainant With any payments thereon) but if the S^d Cockey
hath done the [693] Complainant any Injury thereby it is not Alledged or
pretended in the Bill but that the S^d Cockey is Solvent and Consequently
answerable for any Injury he has done the Complainant or for his Misappli-
cation of any of his Effects to Save W^ch Effects the bills are Said to be Drawn
but if the S^d Cockey did the Complainant no wrong by drawing those Bills
it Seems he has no Cause to Complain Against this Defendant or any others
for them and for that it appears by the Whole Scop of the Bill if any person
has Cause to Complain against this Defendant Concerning those Bills it
Must rather be the S^d Cockey that Drew of them than the S^d Complainant
that they Were Drawn on but yet that the S^d Cockey is no party in the Bill
and for that the Complainant does not pretend that this Defendant received
Any of his Effects but as Agent for Powlson on Judgments recovered and yet
Charges the Defendant as if he were Immediatly Lyable to make the Com-
plainant Restitution out of his own Effects without ever alledging that the
S^d Powlson is Insufficient or Insolvent or not to be found or that the Com-
plainant is otherwise Remediless at Law or that the Defendant has any
Effects of the S^d Powlsons in his hands or if he had that ever he refused to
discover them So as to Subject them to the Complainants Writt of Restitu-
tion by fieri facias or Attachment or other Common Law process nor does the
Complainant in his bill alledge any Combination Against this Defendant