156 McKIM v. THOMPSON.—1 BLAND.

the amount of the balance remaining due and unpaid on those
acceptances; otherwise Heyland would not be indemnified against
all demands by the bill holders, according to the express terms of
this contract. The expressions in this deed, "on account of the
transactions before alluded to, or otherwise, to the time of execut-
ing these presents," were intended merely to refer to the means of
ascertaining the extent of Heyland's liability to the bill holders,
and the amount of the funds which it was necessary should be
placed in Thompson's hands, to meet that liability. The great
leading object of Heyland was to provide for the payment of his
own debts due to those bill holders. He had nothing to do with
the transactions between Thompson and the Bells, or with the
debts due from the one to the other of them. The obvious induce-
ment of Heyland in making this provision in favor of his bill holders
was, some apprehended inability of those who had thus become his
sureties to them. Hence, whatever might have been the nature or
design of the assignment of the claim on Heyland from the Bells
to Thompson, or of any contract between those parties, that trans-
fer, or contract, cannot be permitted to control or contradict the
positive and clear stipulations contained in this deed of the 8th of
January, between Heyland and Thompson.

In short, the clear and unequivocal Objects of this deed, were to
place funds in Thompson's hands to meet the claims of those of
Heyland's creditors who should present themselves as the holders
of his bills, as therein described; and to obtain an indemnity and
discharge for Heyland from every part of those claims, so far as
those funds Avould go. But Thompson does not pretend that he
stands here as a creditor of Heyland, in the special character of
a holder of all, or any one of the specified acceptances; he is not,
by any thing that is alleged or appears, a holder of any one of the
designated bills drawn by Heyland. It might be, that Heyland
168 * looked to other resources to pay the Bells any proportion
168 or dividends which they might pay on those acceptances; and
this seems plausible. But whatever may have been the intention
of the parties as to any matters not comprehended in the deed,
that contract, in itself, is clear and unequivocal. The fund in
Thompson's hands was to be applied to the satisfaction of the
demands of certain designated bill holders; Thompson is clearly
and confessedly not one of them; he has, therefore, no right or
title whatever to the money which Heyland had placed in his
hands for his indemnification against them.

It is, therefore, ordered, that Hugh Thompson bring into this
Court, on or before the fourteenth day of April next, the sum of
thirty-nine thousand five hundred and seven dollars and eighty-
five cents, being the value of eight thousand eight hundred and
eighty-nine pounds, five shillings and four pence, sterling money
of England, together with legal interest thereon from the first day