Page:United States Reports, Volume 1.djvu/130

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COMMON PLEAS, Philadelphia


County.


December Term, 1784.




YOUNG verʃus REUBEN.

U

NDER a rule of this Court, Referrees reported, “ that the fum of Ł. 75. was due the 3d. oƒ March laʃtt, with intereft on the fame’’. The time mentioned was feveral months before the meeting of the Referrees ; and, on motion, THE COURT fet afide the report for the uncertainity ; asthere might have been a fum due on the 3d. oƒ March, and nothing due at the time of making the report.


GERARD verʃus BASSE et al.

T

HE defendants declining in their circumftances, and being much preffed by their creditors, Baʃʃe fled, and Soyer was imprifoned at the fuit of the Plaintiff. During his confinement, he executed a bound and warrant to confefs judgment, to which there was one feal, and the fignature was in this form, “ John Abraham Soyer for Baʃʃe & Soyer.

And now a motion was made to fet afide the judgment, at the inftance of the creditors in general, in order that an equal diftribution might be made of the effects under a domeftic attachment, which had iffued againft Baʃʃe and Soyer.

Sergeant and Adaylan, in fupport of the motion, argued, that the bond was a payment of the debt in the eye of the law ; and (illegible text)

although