Page:Federal Reporter, 1st Series, Volume 5.djvu/722

 710 FEDERAL REPORTBR. �in point of fact he is, as between him and his co-obligors, liable for only one-third ? �"Answer. Glearly he is liable directly to the crediter for the whole debt, but if the three makers were ail equally solvent, and Hyndman, under compulsion, was to pay the whole, it will not be denied that he could recover the two-thirds from the other two. When Hyndman bought the interest of Ligon he beyond doubt consideredhe was assuming only his liability on the note, and, indeed, it is in proof that he so stated, and had a ealculation made by Mr. Cummins showing what was the amount. �"I have been unable to find a decision in point, nor, in- deed, but few even bearing on the question, but the spirit of the law and the decisions are clearly in the direction of the fullest protection to the bankrupt against debts on which he is not primarily bound. I am quite positive that I have seen a decision which goes even much beyond those cited in 10 Bump. 738, but cannot fmd it. �"In my opinion, only one-third of the Northern debt should be estimated against the bankrupt. It does not appear but that the other parties are good for their share. On the con- trary, outside the record, I learn from the best authority that the crediter expeots to make the debt good from the other two. �"It is considered by the register that ail the questions — one to eight — in the former portion of this eertifled summary are covered by the three above, as I do not consider that the question under three of the first numbers arose in the case, and I do not understand that it is insisted on. �"I further understand that, should your Honor concur in the conclusions of the register, it is conceded that the bankrupt will be entitled to his discharge ; and, on the contrary, a non-concurrence as to either will defeat the application for discharge. �"Eespectfully submitted, �"T. J. Latham, �"Eegister." ����