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againt Defendant as Garnihee. The Cae was; C. in the Wet-Indies was indebted to P. the Defendant, for Bills of Exchange drawn by C. in Favour of P. which were proteted. P. by Letter olicits C. for Security. C. conigns a Quantity of Rum to P. and by Letter directs P. to ell the ame for his (C’s) Account, and apply the Proceeds to the Payment of from proteted Bills drawn by C. in favour of other People "firt being atisfied that his (P’s) Bills were paid.—The Bills of Lading expres this Rum to be hipt on the proper Account and Rique of C.—The Rum comes into P’s Hands, but before any Sale, the Plaintiff S. a Creditor of C. brought a foreign Attachment againt C. and attached thee Goods in the Hands of P.—The Quetion on the thee Facts, as found by a pecial Verdict, was, Whether P. hould retain the Goods for the Payment of his own Debt, or whether the Property remained in C. o as to be liable to the Attachments of S?

It was urged by the Council for the Plaintiff, that the Conignment of this Rum to P. on the Account of C. with Orders to ell the ame on the Account of C. and then to apply the Proceeds according to his Directions, did not alter the Property, but left the ame in C. till a Sale. And that P. was only to have a future Interet in the Money ariing from the Sale of the Goods.—But the Plaintiff being as well a Creditor as the Defendant, and coming in under the Law of Attachments before a Sale and while the Property, by the very Terms of the Confignment, remained in C. ought to be firt paid his Debt. The counel cited ''Bro. Property'' 2. 2 Mod. 242. 2 ''Chan. Caes''. 7. 36. 1. Salk. 160. 12 Mod. 156.

For the Defendant: It was contended, that the Rum was a Security in the Hands of P. for the Payment of P’s Debt, and that P. was a Trutee for himself and the other Dutch Bill Creditors. And that uch a pecial Property was veted in P. that C. himself could have no Remedy to get thee Goods out of the Hands of P. till P’s Debt was atisfied; and that the Plaintiff could be in no better cae than C. himself.—The Caes cited for the Defendants were 2 Very 428. 2 Thomas Jones 222. 2 Peere Williams 326. ''Bro. Act Cae'' 113. 271. Finch 299. 236. 10 Mod. 432. Yelv. 164. 2 Lee 10 Mod. 144. 2 Co. 26. 1 Stra. 165.