Page:United States Reports, Volume 2.djvu/242

 a36 Cases ruled and adjudged Eu the " ¥79$· * Hmnuns wrfu Crrnrnens. b ‘ `una;  At the court of Nj Prim-, held in Hunting Jan county, the following cafe was {lated for our opinion. The` plaintiff was joinzly and faerally bound, as furety, in a bond with, and for. the defendant. After the bond became due, the defendant was difcharged under the general infolvent aft of ` the State of Muylaud. palfenl in Jpn? I187; and, fubfequent to that difcharge, the plaintiff was fued on the bond, paid the amouu: with interrll. and coils, and than inllitueed the prefent aflion (in which the dedaration is for money paid for the ufe of the defendant) to obtain a reimhurfement. bcUnder thefe cireumllancrs, it is clear, that the aélion  fuitained inEngland, init a bankru t, difeh d y bankrupt laws of that oouhgray. The infoliient law  does, indeed, exonerate the debtor from all debts due orowing from, orcontraéled by, him, priortohis deedof alii ment; but the Engg! llaeute contains words equally comprximlive; and, yet,ithasnever beendeemed toexrend nocafeslike the print. 'Ihe plaintifeould not have been entitled to a divi- dend of the infolvent debtor's elleets, and it wouldbe a denial cfjuliiee to refuk him the only remedy, which he can have on this occaiiou. ]udgment {br the Plaintilil Da Winn rm-_/Eu Smm. HIS cafe came before the Court on a Cn-ikmri to remove T a judgment, which Smith had obtained before the Mayor of the City of Pliladrdtluk in a gui ram fuit, brought againil Carlurriru- P: Willer as a Huckiler, upon an Ordinance of the Corporation (paifed the 26th Nwmérr, :792) which impolis a penalty of 3;/5 upon any Huelzller, who within the limits of the city, {hall buy any provilion, fruit, &c. more than is necelliry for-his, or her, family nie, exceot after ten o’elocl: on market da s. · hun exceptions were taken to the proceedings by  M*.K:tn and S. Levy: Ill:. That the judgment dtd not ll:ate that De- F’ir%?r was proved to ge.; Hur!/Per. t Sail. 404. 4 Bl. Com. · a8o. 28t. 1 Burr. n. 330. 33t. 333; 3; . . a ... ad. That the Ordinance of the Corporation is  thgthe Conlliautiou
 * "'!‘|HEopinionof the Courtwasdelivered inthis cafe,

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