504 MARYLAND COURT OF APPEALS

Sherriff and required by the S^d County Court in pursuance of the S^d Act of
Assembly for Said Powlsons relief after many previous requisites produced to
order the Sherriff to make Distribution for the particulars of all Which this
Defendant referrs to the Certificate of the Said Justices proceedings recorded
in the S^d County Records that thereupon the S^d Bills being the only part of
the S^d Powlsons Effects that was Considerable Towards the paying his Debts
were Exposed to Sail [sic] at the Request of the Said Powlson by one Thomas
Jobson who then was or Late had been the Said Lazenbys Deputy as the S^d
Jobson related and this Defendant Declares That he Acquainted Some Per-
sons therewith that had used to purchase Bills for Cash by way of Exchange
to England as well as this Defendant who has made it a part of business for
many years and in the way thereof this Defendant bid for those Bills himself
but that this Defendant bidding more in Cash for the S^d Bills than this De-
fendant Understood any other person did the S^d Sub Sherriff delivered the
S^d Bills to the S^d Powlson who Endorst them to this Defendant According to
the Law and Custome of Merchants as this Defendant believes and hopes
to prove and this Defendant paid Six hundred Pounds for them According to
Agreement with the Said Powlson partly by Cash partly by his own bills of
Exchange and partly by paying the money and Tobacco Debts that were
due from the S^d Powlson in this Country by his order for the payment of
Which he had as af^d Assigned his Effects of all Which the S^d Powlson allowed
by an Account Settled with and Signed to this Defendant on or about the
14^th of June 1723 Which he Conceives not Material to Trouble the Com-
plainant with (but Submitts to the Directions of the Court herein) This
Defendant insisting that by Virtue of the Bills of Exchange and Endorsment
af^t he was well Entituled to the money therein mentioned Against the S^d
Cockey without Troubling himself with any the affairs of the Complainant
this Defendant Conceiving the words in the Close of the Said Bill (being for
So much of your Effects Condemned in the [698] Hands of the Drawer)
to be only Matter of advice from the Drawer to the Merchant drawn on and
Which no way lessened the Obligation of the Drawer to the S^d Powlson and
much less to any Endorsee Whose Right this Defendant Conceives cannot
be defeated in Such Case without overthrowing the whole Law and Custom
of Merchants that relates to the Negotiated of Bills of Exchange by Endorse-
ment whereby (as this Defendant Takes it) if the Drawer of a bill of Ex-
change draws without Consideration the Endorsee who pays the Value on
Credit of the Drawer to the Endorser has Equal Right Ag^t the Drawer as if
he had reced the full Sum and this Defendant further Saith that the Cognei-
ance this Defendant had of the Circumstances of this Case was rather an In-
couragment to him to buy the Bill than any Impediment; for that it being
paid in Satisfaction of a Judgment and Execution at Law Against w^ch Equity
was Alledged but Otherwise Adjudged and the Injunction that Staid the
Bill (which was Lodged in Stead of money) in the Sherriffs hands was Dis-