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HEPBURN'S CASE. 101
very extensively engaged in trade to this country; that they had
five separate stores in Maryland managed by agents; some of whom,
without being publicly acknowledged as such, continued to reside
here during the revolutionary war; and after the peace of 1783,
they had, in this country, several active and openly acknowledged
agents, charged with the settlement of their former commercial
affairs. That the Mollisons had, so long as they carried on their
trade, large consignments of tobacco made to them from time to
time by various persons of Maryland; and had debts due to them
by a number of persons here, to a very large amount; that they
suspended their payments about the year 1776; but some of their
creditors received payments on account of claims against them as
late as the year 1793.
It further appears, that the late John Hepburn, during his life-
time, had shipped several parcels of tobacco to them; that Hepburn
made his will and died some time in the year 1775, in Prince
Georges County, leaving Samuel G. Hepburn as his executor, who
acted as such accordingly; that the Mollisons, by their letters, ad-
mitted themselves to be indebted, on the 1st of April, 1776, to the
estate of the late John Hepburn, on account of shipments of tobacco,
to the amount of £316 sterling, equal to $1,404 44 of our present
legal money; that the executor Samuel C. Hepburn, on the 15th
of March, 1776, drew a bill of exchange in favour of Philip
Thomas upon the Mollisons for the sum of £260 sterling, directing
in the bill itself, that the same should be placed to the account of
the estate of John Hepburn, Esq.; for this bill Samuel C. Hepburn
received of Thomas good legal money of the time, not continental
currency; and Thomas sold and endorsed it to Willing, Morris
& Co. who had it presented for acceptance, which was refused,
and it was protested accordingly; of which the holders, in a letter
dated on the 31st of March, 1777, gave notice to Samuel C. Hep-
burn the drawer, which letter reached him some time in April fol-
lowing. That in an account, altogether in the hand-writing of the
executor Samuel C. Hepburn, and purporting to be an account
made out by him as executor, there is, among others, one entry in
these words: 42th January, 1779, by cash received in part of
W.& R. Mollison^ balance, £260;' and another entry, and the last
one, is in these words: '8th April, 1789, to cash paid S. Hepburn's
bill on W & R. Mollison, returned protested, £520 11s. 3d. common
currency.' That in another account, altogether in the hand-writing
of one of the registers of wills of Prince Georges county em-
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