Gallagher ex rel. Guss v. Kenedy

The opinion of the court was delivered by

Smith, J.

— Debt, by George Gallagher, for the use of Henry Guss, plaintiff below,.and plaintiff in error, against Joseph H. Kenedy and Samuel Ross, on an insolvent bond, taken in pursuance *164of the act of assembly of the 28th of March, 1820. The pleas were, payment, and performance of the conditions of the bond. Replication, non solvit, and non-performance, and issues. Trial, and verdict for Samuel Ross, and against Joseph H. Kenedy, and judgment.

On the trial, the plaintiff gave in evidence the above stated bond, dated the 4th of February, 1825, which…