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Page:United States Reports, Volume 2.djvu/49

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C0.MMON. Pteas of Pblldlliélflbld.

May Sittings, 1 788. .

Bomon rmfus Pianos:. LOYER, an Infolvent Debtor, after his infolvcncy, depo- /*4,; ted with the plaintiH’ an-Atlus, to be fold, and the defendant purehafed it at B¤ir1ad’.r {lore. Difcovering that the Atlas had belonged to Layer, the defendant, who was one of his creditors, refufed to pay for it to the plaintiih inliiling that he had a right to {et-off his debt againlt the price. The plaintiff thereupon fummoned him before 2. Juilicc of the Peace; and, the jultice refuling to admit the fet-oil, the defendant appealed from that deciiion. ‘ ` On the trial of the appeal, Ifinthv contended, far the defen- dant, that the fet-oil: ought to have been allowed under the infcl.- vent law.' 1 VaL Dall. Edit. p. 164. But even if the Juftice - was right in his refuiiil, he {aid the aétion could not be main- tained in Bainm"s name, as the ailignees were alone entitled to fue for the etl`eél:s of the infolvent, after his ailrgnment. ° Du Pamwru, for the plaintiff, obferved, that there was no fet- ot? at common law; and that it had not been authorifed by any legiilativc provilion in the cafe of -a faétorg wrliich was the {itu- ation of his client. (.'mp.‘ 2 _; _;. As the a’ Lignees are not con- tending parties, it is unneceilixry to fl1ev· that Bajuad had a lien. Hire'. I In the charge to the jury, S1-m=x>EN, Prgfahrrt, Rated, that _ . this was an aétion for goods fold and delix ered; that the plaiutiil·`~ had an inelifputablc right to bring the ae tion, either i11 his own name, or in thc name of his principal; and that he had ro- pctly chofcn the former, as the contra 1 was made with fiim. '1`hat, in anfwer to the defendant’s alle; ation, of the property‘s lbelonging to Layu, it was to be reinark al, that after the ailign- F 2. ` ment