Millar v. Hall
Supreme Court of the United States
Rule to show cause why an exoneretur should not be entered on the bail-piece. The defendant had obtained his discharge under the insolvent law in the state of Maryland, which law was enacted subsequently to the debt in question, and to the institution of this suit! It was stated and allowed, that the money for which the action was brought, had been paid to Hall in Maryland, on account of goods sold and delivered upon a commission as the partner of Miller ; but that the…
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Rule to show cause why an exoneretur should not be entered on the bail-piece. The defendant had obtained his discharge under the insolvent law in the state of Maryland, which law was enacted subsequently to the debt in question, and to the institution of this suit! It was stated and allowed, that the money for which the action was brought, had been paid to Hall in Maryland, on account of goods sold and delivered upon a commission as the partner of Miller ; but that the original agreement under which they acted in the sale of those goods, was executed in Philadelphia, and that the proceeds…
1Opinion of the Court
The Chief Justice, after consideration, delivered the opinion of the court.
McKean, Chief Justice.
This case comes before the court on a motion for leave to enter an exoneretur on the bail-piece, upon this principle, that the defendant has been discharged under an insolvent law of the state of Maryland, which is in the nature of a general bankrupt law. To this it has been objected, that the insolvent law by which the defendant has been discharged, was made pending the action, and therefore, ought not to operate in the ,, , present case, even *if the laws of any particular country could be ex-…
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