Page:United States Reports, Volume 2.djvu/121

 Serum: Coon- or P¤i»yyhanl2 ir; M•Kun, Cbigf _‘}g/lic:-The oath of the interelled party can- xygo. not lingly be admitted to maintain his demand: nor, is it mere- yo`; ly upon a Plaintill’s oath, that an originaleitry irrhis books is received in our courts as evidence; lince that, when allowed its utmoll: latitude, proves nothing more than- the [ale and deli- very of the goods. . · Vith refpeél to the mode of eltablilhing the exception to the judgment, the alhdarit of the Defendant, though not conclulive, mutt at leall: be deemed fudicient, for throwing the anu: pro- hwdi, if other evidence was produced, upon his adrcrfary. · Tnun mg/'ur Menus, et. ul. f __ _ ` ` HE Plaintif was indorfée oiF__éi’Note,    it"`: H Glxir, in favor of the Defendant, TWlIi,¤)vr ?_;-Soori _ ter the prefent aélion was brought, the    bankrupt; and another fuit was-rinilituted 0l]_‘·}!3l¢;·-l.1?!}§E7|0té againlt Gbeir, the drawer, in which j¤dgmenL¥_h§d£ ed for the debt and coils. The Defendant’s  _ llill in fufpenfe, Inge;/all moved that judgmeni_.lhbiHd_ be entered in the prefent a€tion for coils; llatingytlnit  kyer-al . luits may be brought againll all the parties   Billor Note ;— and that although only one fatisfaélion could lie regokfcdi Yet emotion for colls might be ilfued in all the {nits.   : B.gfB, 43. 2 Vez. rr 5. But Sergeant, for the Defendant, urged, that this was a hard cafe, as his client was originally only an indori ler, and had become a bankrupt; that it was at the peril of the _ holder of a bill, or note, fo far as refpefis the coils, if hefued, forone fatisfaétion, all the parties that were liable to malte it ; and that, in the cafe cited, judgment had previoully beenobtainé ` ed in all the fuits ; while, in this cafe, judgment has not been obtained, and is only requelied for coils., _ Br run Comer: We entertain no doubt upon this fubjeélé It is the cafe ol feveral perfons, feverally bound, and feverally, fued, where, until one has aitually made the fatisfaétion, all. are liable to make it. The cafes cited clearly exprefs the prin- Cinlet i Let judgment be entered for coils. QH!

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