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Page:United States Reports, Volume 2.djvu/106

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ron Casas ruled and adjudged in the 1788. ¢••`I M*Kmu et aL Executors, wrjiu RIDDLEF 4 SSUMPSIT for goods fold and delivered. Pleas mn 458: A qgilmyz, payment, Src. ’ _ _ / X? T c plaintiffs, having proved the contraél, were called on to = produce their Letters Tellamentary; but the Counfel iniilted, that although theyhad them, they were not bound to produce themon the prefent i|l'ue. · Br THE Comt·r:—It is not neeelfary, under the pleas in this caufe, to produce the LettersTe{tamentary. If the defendant wilaed to have them produced, he ihould have pleaded, and pu: thematter in ilfue.

Septeméer Term, 1 788. ·--1——- n Doxuwsou ·vzr_/iu C1-xnmzas. 9 [gz HE defendant was duly difchargcd under the general in- g` ' I 'folvent law of Maryland; but coming into Pmpfylvania, E was arreiled in Ibn-L County, at the fuit of the plaintitil '1"he caufc being brought into t is Court, Kimra moved, that he ihould bedifcharged on common bail, upon the authority of Miller vnfur Hall, r Dall. Rep. 229.: And a rule NM was accordingly granted.

 WATTS vn:/`u.t `W1LLmG.

$6 HIS was an aétion upon a bond, in which the defendant · /· had joined as a furety for Mark Bird. Sometime after 2 /57 the bond was given, Birddelivered to the plaintill` certain bills ' of exchange; which, as appeared by an indorfement on the bond, were to be credited in part paymtut, when paid. ( a. ) For

  • Ruled at_G'arh's¢'¢ 1W:i Prius.

(a-) 1 Dall. Rep. :6r. Cbapmsm r:r.r::r .S?einm¢tZ•