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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 505   View pdf image (33K)
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MARYLAND COURT OF APPEALS 505

solved and Consequently the Sd Powlson left to the free Liberty of useing it
this Defendant Thought he Could not purchase a Bill of Exchange under
better Sanction than by the Endorsement of the party to Whom Was thus
Drawn and after Such Solemnities Delivered and this Defendant further Saith
that after the protest of the first of the Said Bills and this Defendants De-
manding it of him the Said Cockey about the 24th of December 1723 which
with the Damages allowed by Law at 20 per Cent Amounted to the Sum of
720 Ib Stl that the Said Cockey on the 9th Day of Janry 1723 and often After-
wds proposed payment to this Defendant and desired this Defendant to
forbear Suing him for Some Time till he Could get in Bills to pay him and
promist his Endeavours to Comply with the payment thereof but this De-
fendant after Staying Sometime till about the fifth Day of February 1723/4
thinking So large a Sum to Much to be withheld from the use of his Numer-
ous Family and finding no Complyance put the Same Bill in Suit in the pro-
vintiall Court with a Declaration in order to Tryall the first Court Accord-
ing to Act of Assembly in Which Court held at Annapolis about the i9th day
of May Anno Domini Seventeen hundred and Twenty four the Sd Thomas
Cockey Appeared in his proper person and Confest Judgment in open Court
to this Defendant for the 720 Ib af"1 and Costs of Suit for the payment of wch
Sd 720 in Satisfaction of the Sd Judgment the Said drew four other Bills of
Exchange of one Tenour The first of Wch followeth Vizt Maryland May
the 27th 1724. Excha for £720. At Thirty Days Sight of my First Bill of Ex-
change my Second third and fourth of the Same Tenour and Date not paid
pay unto Thomas Bordley Esqr or Order the Sum of Seven hundred and
Twenty Pound Sterling Value here reced and place the same to the Account
of Sir Your humble Servant Tho: Cockey To Mr Jonathan Forward Merchant
in London Pay the Contents to Mr Wm Hunt or order for the use of Thomas
Bordley and Entered into Bond in the penalty of 1440 Ib Sterling to this De-
fendant with Wm Rogers Mary Rogers and Robert Gordon his Sureties that
if the Said Bills or any of them were duly Accepted and paid According to
Tenour then the Obligation Should be Void or Else in force that it Appears
by a protest in this Defendants hands ready to be produced that the first of
the Said [699] Bills was protested whereby the Damage due by Law at 15
Per Cent made the Sd Cockeys Just Debt to this Defendant 828 Ib Sterling
besides Cost which this Defendant Demanded but the Said Cockey refused to
pay and offered this Defendant One hundred Pounds Sterling if he would
Spare him and Seek the Debt of his Sureties which after the Sd Cockey had
repeated Severall Times Very Seriously as this Defendant Verily believes he
Treated the offer with Redicule and rejected it as monstrous and about the
22a of September 1724 proceeded to put the Said Bond in Suit Against the
Said Cockey and his Sureties with a Declaration in order to Tryall the first
Court to which the Sd Cockey and his Sureties Appeared in the May Court
Following and pleaded payment of one of the Said last mentioned Bills


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 505   View pdf image (33K)
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