Page:United States Reports, Volume 2.djvu/66

 Go Casts ruled and adjudged in the ` ‘ .r7go- lhewsthat the reference was not to a matter of common cone •»•s•`,J vcrfation, but tohn aét committed before a jultice of the Peace, in relation to a caufe aétually depending. _ . Generally {peaking, indeed, actions of {lander, founded on triflling caufes, to gratify apetulant and quarrelfome dilpoli- _ tion, will not be encouraged by the Court : But, when there- putation, trade, or profellion, of a citizen it really alliaéted, for the fake of doing jultice to the dearelt interelts of individuals, as well as for the lake of preferving public order and tranquillity, every iapipeal as the tribunals of our country ought to be libe- · tall u ainc. , judgment for the Plaintilii ( Piuca, veg/iu Raasron, allignee of Por.r.nn, a Bankrupt. LD /36 TI THIS caufe came before the Court,`on a cafe {lated for ' ' their opinion, in the following words: “ On the 23d day za of March, 1784, William Price, fthe plaintili`, lhipped and con-  542,_ligned goods, l}y the Cbrfian, to IVilliam Pollard, the bank- = an, at the fame time, {hipped and conligned other goods, by the Prince of Liege, to the faid W i/Ham 1'ollard, for the fame account. And on the 18th day of Jllay, following, the faid William Priee, lhipped and conligned other goods, by the Falun, to the {aid W i-liamPollard, for the fame account; and on t ie 2d day of Seyztunber, in the fame year, {hipped and conligned, by the Gewge, to the faid blrilliizrez Pollard, other goods, for the fame account; and the lizid IVi/liam Price, on the ad day of Deeember, 1785, {hipped and conligned other goods, to Meliis. Robert Duncan, jun. bf Ca. of Pbiladebbbia, being for and on ac- count of the {aid lWlliam Priee. The laid Robert Duncan 8: , Company, on receipt of them, depolitcd the laid goods in the hands of the laid W illiam'Po!lard, for account of the {aid ll/'illiam l· rice. Conliderable fales of the above mentioned goods, were made from time to time, by the faid W7lHam Pollard, and monies rc- .ccived, for the debts outllanding on account of the (hid {ales; the [aid Pollard, at dilierent times previous to his becoming a bank- rupt, as hereafter mentioned, tool: from fonie of the debtors bonds, payable to him, the Paid William Pollard, and not ex- prclling his capacity of agent for the faitl 1·‘i·i».·e. A commif- lion of bankruptcy iilued, the 28th duy ol`_7um·, 1787, aguinll: the {aid William Pollard, and on the zgth day of _7mu·, 1787, he was declared a bankrupt. At the time he was lo declared a · bankrupt, hc had no lpecie proceeding from the faid Liles in his polI`ellion,feparated and diitinguilhed from lpccie belonging to _ lunifelf
 * rust, one half or the account of the faid IWlliam Pollard;

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