Open main menu

Page:United States Reports, Volume 2.djvu/263

This page needs to be proofread.

.- Szrmama Comer or Pemyylvamie. agy I the judge had judicially circumferibed the operation of a certi- |79‘ - iicate under the Peuqfylvania bankrupt law, within the limits of VVV E tie State. { Br rua Coeur :-Let the rule be made abfolute. ' Baacn ww: Las. HIS was an a&ion on the cafe, brought againlt the defen- dant, under the following circumftances, which were ef- tablifhed by evidence on the trial. The dcfendant's wife, pre- vious to her marriage, had executed a bond to the plaintiff`; which, at the time of her death, remained unfatislied. lt ap- peared, however, that, in confequence of the marriage, the de- fendant had become pollefliad of, and flill enjoyed, a confiden- ble property, belonging to his wife, more than equal to the a- mount of the bond ; that, during her life time, he had affumcd to pay the bond, and had aéiually made feveral partial payments on account of it ; and that he had promifed to pay the zernain- ` der, even fubfcquent to her deceafe. The a£l.ion was founded on the exprefs qfumpft; and though it was conceded by the plaintiff’s counfel, that the defendant was not liable, lince the deathof his wife, on the bond itfelf ; yet, beinlilted, that the bond was good evidence to prove the . exiltence of the debt, to which the fpecial qfiuulft applied. See ` 1 Rall. Abr. 3 $1. pl. gg. Bra. Ah-. tit. ¢• Deb? pl. 180. 1 Lw. 25. Cawp. 290. Bull. N. P. 281. But, upon the faéts proved, it was agreed by the counfel for the defendant, and fanétioned ur was Couirr, that the plaintif _ was entitled to recover ; though it was not admitted, that, without proof of the fpecial ryiuupjt, the defendant would have been liable for the debt. · Phe caufe was, accordingly, left to the jury, merely to after- tain how much was the balance due on the bond. all. Le-ay for the plaintiii Lewis for the defendant. _ ·. . _ Watxsn wyiu Drnwotrrn, ea al. TIITS was a fummons in partition, on which the plaintiff] as Q , tenant by the curtefy, demanded partition a ainll the de- fendants, undcr the circumllances {hated in the following de- claration. ' Pbiladzlobiu County, to wit :—- Ann Dflwa:-lb, the elder, late of thc faid county, widow, and frm Di/wml- the younger, lat; K o