McKIM v. THOMPSON. 151

land, and there, in the year 1810, purchased of sundry persons
goods to the amount of about $67,000; and, to secure the pay-
ment for them, drew bills in favour of those from whom he pur-
chased, on William & John Bell & Co. which they accepted; that
some time after, William Bell died, and John Bell, by a letter of the
10th November, 1810, informed Heyland, that, in consequence of
the death of his partner and other circumstances, his late firm had
become somewhat deranged, and that he had made over all the
amount due by him for those acceptances to Hugh Thompson of
the city of Baltimore, which he was requested to notice, and to
account with Thompson accordingly. In consequence of which,
on the 20th of November, 1810, Heyland entered into an agree-
ment, by which he bound himself to Thompson to the amount of
what he should owe to the firm of William & John Bell & Co., on
account of their acceptances on his behalf, or otherwise, on the
fate of those acceptances being known in this country. But, not
being entirely satisfied with this arrangement, Heyland and Thomp-
son, 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 favour 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 for their
payment not having yet arrived, it is not known whether the said
bills will, or will not, be paid at maturity. And whereas John Bell,
of Petersburg, in the State of Virginia, merchant, one of the per-
sons composing the aforesaid house of William & John Bell & Co.,
by his letters in behalf of himself and of his aforesaid house, bear-
ing 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 by the said Heyland
for the goods which the said house of William & John Bell & Co.
accepted to pay on his account, to Hugh 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