Page:United States Reports, Volume 1.djvu/509

iv  An infolvent debtor muft practice the Court before the adjournment, or he will not be entitled to his difcharged at that term.

A perfon difcharged by a fpecial infolvent act of New Jerʃey the act being local in its nature, and local in its term, is not thereby protected from his creditors here.

A difcharge under the infolvent laws of Maryland, extend to protect the perfon of an infolvent debtor in this State.

The judgment of a foreign Court difcharging the debt, would, for that purpofe, be recognized here; an inchoate proceeding to obtain a difcharge, will not be fufficient to execute an infolvent debtor from giving bail.

The rational and legal conftruction of the 30th faction of the Bankrupt Act, appears to be, that no judgment creditor, who has not levied his execution, fhall receive any benefit from his judgment, and to the eftate or effects of the bankruptcy by the act, to the exclufion or prejudice of the creditors at large but muft be put upon the fame footing with

Yet, as to liens which do no not affect the general creditors, he will have the benefit of them in the fame manner, as if the act had never been made.

It would defeat the exprefs intent of the bankrupt law, if a poor judgment creditor could under an execution, which, being iffued upon a fubfequent judgment againft a bankrupt, was levied before the act of bankruptcy committed.

In that cafe, the creditor who fues out the execution is entitled to the money levied.

Upon a trial at law, the creditor of a bankrupt may give evidence to controvert the trading, bankruptcy, and conformity ; and the certificate is not conclufive proof of all the proceedings before the Commiffioners.

Though the bond of the petitioning creditor is given for a debt contracted prior to the Act of Affembly, and with a view to take out a commiffion, the Court would be unwilling, on that account alone, to invalidate the certificate.

A petition fubfcribed by one of two partners, in the name of himfelf and partner, is fufficient for the purpofe of taking out a commiffion, on a partnerfhip demand againft the bankrupt.

To found a joint commiffion upon a fictitious partnerfhip, is certainly unƒair within the meaning of the act of Affembly.

But if a partnerfhip did exift at the time of taking out the commiffions, a previous affignment of the partnerfhip effects for the payment of creditors, or the fmallnefs of the quantity of the goods in their, cannot invalidate the commiffion, or defeat the benefit of the certificate.

Quere, Whether the flight of a ftranger to his own home, in another State, amount to an act of bankruptcy, within the meaning of the act of Affembly?

BILL OF EXCHANGE.

Where a man voluntarily pays the damages on a bill of exchange, without waiting for a proteft for non-payment, and the Defendant might with juftice receive them, the money cannot be recovered back.

The Court in an action on a bill of exchange, will allow the Plaintiff to ftrike out a fpecial, as well as a general, indorfement on the bill.

A proteft for non-payment muft appear under a notarial feat.

Poffeffion of a bill of exchange without the words, “ or order,” or other words of negotiability,  is not indorfeable over, fo as to enable the indorfee to bring an action on it, againft the acceptor, in his own name.

Notice of proteft ought to be given in a reafonable time ; and, by not giving it, the holder takes the lofs upon himfelf.

The reafonablenefs of notice of a proteft must, in Pennʃylvania, be left to the Jury, as a queftion of fact, and not of law.

A bill of exchange, neither paid nor received in fatisfaction of a precedent debt, but upon condition of its being honored, will not entitle the drawee to 10 per cent. damages, in cafe of its being protefted for non payment.