MARYLAND COURT OF APPEALS 67

unto him the Said William Hopkins the Said Two Thousand three hundred
Eighty four p^da of Tobbacco by Way of Loan And the Said William did Ten-
der unto the Said Thomas and is Likewise now and hath att all times been
ready to give Security to the Said Thomas Such as the Said Thomas Shall like
and well Approve of for the paym^t of the Said Two Thousand three hundred
Eighty four pounds of Tobb^a for every hundred upon the One and Twentieth
day of October Next which Shall be in the Year of our Lord 1685 According
to the Directions in the Said Act, but the Said Tench did utterly refuse to
take Such Security for the payment of the Said Two Thousand three hundred
Eighty four pounds of Tobbacco with the [100] Interrest of Eight pounds
of Tobbacco for every hundred for forbearance of the Same for one whole
Year, but the Said Thomas Tench did Ask Demand and Exact the Summe of
five and Twenty pounds of Tobbacco for Interrest and forbearance of every
one hundred pounds of Tobb^a of the S^a Two Thousand three hundred
Eighty four pounds of Tobb^a So lent by Way of Loan as aforesaid Contrary
to the forme of the Said Act of Assembly af^d and thereupon he putts himselfe
upon the Country. To which plea the pit replyes and Saith that for any
thing above in the plea of him the Said William Hopkins alledged he ought
not to be debarred from having his Action af^d ag^t him the Said William be-
cause he Saith that he the Said Thomas Tench being a Merch' att the Speciall
Instance and request of him the Said William did Sell and deliver unto the
Said William Hopkins Severall and Sundry Goods Wares and Merchandizes
Amounting to the Summe of five Thousand Six hundred and Twenty pounds
of Tobb^a for ready Tobb^a Imediatly to be paid by the Said William to the
Said Thomas And that the Said Summe of Two Thousand three hundred
Eighty four p^ds of Tobb" Mentioned in the Declaration of the Said Thomas
being the remainder of the Summe of five Thousand Six hundred and
Twenty pounds of Tobb^a ought to have been Imediatly paid by the Said
William to the Said Thomas And that he the Said Thomas did not Lend
unto the Said William the Said Summe of Two Thousand three hundred
Eighty and four pounds of Tobbacco by Way of Loan and this he prays may
be inquired into by the Country. And the Defend^t also.

And the Jurors being Impanneled and Sworne upon their Oaths did Say
that they doe find for the plaintiffe without Cost upon which the Court [101]
did Send them Back again and told them that they ought to find Certein
either for the Pit or defend^t and after Some time the Jury Came in Again
and upon their Oath do Say that they found for the defend^t without the least
Colour of Evidence to warrant them Soe, all that was given in Evidence for
the defend^t was that they heard the Said Hopkins Offer the Said Thomas
Tench pit Eight pounds of Tobbacco per Hundred for forbearance of the
Tobbacco the Said William Hopkins def was indebted to him if he would
Stay for the Same an other Year but the Said Thomas Tench pit refused the
Same So the Verdict Erroneous and Judgment also.