Catherwood v. Gapete

CURTIS, Circuit Justice.

This is an action of assumpsit founded on two promissory notes, drawn by the defendants who are citizens of Massachusetts, payable to their own order, and indorsed by them to the plaintiffs, who are citizens of Pennsylvania. The defendants having been defaulted have tiled a petition in writing, setting forth that they have been discharged under the insolvent laws of Massachusetts, and praying that any execution which may be issued on the judgment, may' be so framed as not to run against the bodies of the defendants. It is admitted by the plaintiffs that the defendants…