Page:United States Reports, Volume 1.djvu/130

 

COMMON PLEAS, Philadelphia

County.

December Term, 1784.

NDER a rule of this Court, Referrees reported, “ that the fum of ''Ł. 75. was due the 3d. oƒ March laʃtt,'' with intereft on the fame’’. The time mentioned was feveral months before the meeting of the Referrees ; and, on motion, THE COURT fet afide the report for the uncertainity ; asthere might have been a fum due on the ''3d. oƒ March,'' and nothing due at the time of making the report. 

HE defendants declining in their circumftances, and being much preffed by their creditors, Baʃʃe fled, and Soyer was imprifoned at the fuit of the Plaintiff. During his confinement, he executed a bound and warrant to confefs judgment, to which there was one feal, and the fignature was in this form, “ John Abraham Soyer for Baʃʃe & Soyer. ”

And now a motion was made to fet afide the judgment, at the inftance of the creditors in general, in order that an equal diftribution might be made of the effects under a domeftic attachment, which had iffued againft Baʃʃe and Soyer.

Sergeant and Adaylan, in fupport of the motion, argued, that the bond was a payment of the debt in the eye of the law ; and  although