142 McKIM «. THOMPSON.—1 BLAND.

and Thompson, on the 8th of January, 1811, made and executed
the following agreement:—

"Whereas Marcus Heyland, of the City of Baltimore, merchant,
being indebted unto divers persons in England, for goods and
merchandise purchased of them, heretofore drew certain bills of
exchange in favor of those persons respectively, upon the house
of William & John Bell & Co., merchants of London, to amount
of sixteen thousand pounds, sterling money, or thereabouts; which
bills it is believed have been accepted, but the periods lor their
payment not having yet arrived, it is not known whether the said
bills will, of Mill not, be paid at maturity. And whereas John
Bell, of Petersburg, in the State of Virginia, merchant, one of the
persons composing the aforesaid house of William & John Bell &
Co., by his letters in behalf of himself and of his aforesaid house,
bearing date at Petersburg aforesaid, the tenth day of November
last, and addressed to the said Marcus Heyland, stating that he
had transferred and made over all the amount due bj the said
Heyland for the goods which the said house of William & John
Bell & Co accepted to pay on his account, to Hugli Thompson of
the City of Baltimore, merchant,—did request the said Marcus
Heyland to notice the same, and to account with the said Hugh
Thompson, therefor, accordingly: thereby stipulating that his, the
said Hugh Thompson's, receipts or discharges of any kind should
be valid against the said John Bell, or the house of William &
John * Bell, or the house of William & John Bell & Co., to
152 the full amount of what the said Marcus Heyland might
owe or stand indebted to the said house. Now these presents
therefore witness, that in consideration of the premises before re-
cited, the said Marcus Heyland doth hereby acknowledge himself,
his heirs, executors, and administrators, to be and stand bound
unto the said Hugh Thompson, his executors, administrators, and
assigns, in and for such balance, or sum of money as shall or may
be found to be due, or owing from the said Marcus Heyland to the
aforesaid house of William & John Bell & Co., on account of the
transaction before alluded to, or otherwise, to the time of exe-
cuting these presents; and doth hereby covenant and agree to and
with the said Hugh Thompson, that he. the said Marcus Heyland,
shall and will immediately alter the execution of these presents,
proceed to account with the said Hugh Thompson for, and pay to
him, the amount of the aforesaid acceptances, in the same manner
as if it were ascertained that they had been duly honored and paid
by the said William & John Bell & Co.; and the said Hugh Thomp-
son doth hereby covenant, and oblige himself and the said house
of William & John Bell & Co., in pursuance of the authority
vested in him for that purpose, to allow to the said Marcus Hey-
land the benefit of the current exchange, on all payments made by
him on the account aforesaid; aud further doth hereby bind and