Serum: Coon- or P¤i»yyhanl2 ir; M•Kun, Cbigf _‘}g/lic:-The oath of the interelled party can- xygo. not lingly be admitted to maintain his demand: nor, is it mere- yo`; ly upon a Plaintill’s oath, that an originaleitry irrhis books is received in our courts as evidence; lince that, when allowed its utmoll: latitude, proves nothing more than- the [ale and deli- very of the goods. . · Vith refpeél to the mode of eltablilhing the exception to the judgment, the alhdarit of the Defendant, though not conclulive, mutt at leall: be deemed fudicient, for throwing the anu: pro- hwdi, if other evidence was produced, upon his adrcrfary. · Tnun mg/'ur Menus, et. ul. f __ _ ` ` HE Plaintif was indorfée oiF__éi’Note, it"`: H Glxir, in favor of the Defendant, TWlIi,¤)vr ?_;-Soori _ ter the prefent aélion was brought, the bankrupt; and another fuit was-rinilituted 0l]_‘·}!3l¢;·-l.1?!}§E7|0té againlt Gbeir, the drawer, in which j¤dgmenL¥_h§d£ ed for the debt and coils. The Defendant’s _ llill in fufpenfe, Inge;/all moved that judgmeni_.lhbiHd_ be entered in the prefent a€tion for coils; llatingytlnit kyer-al . luits may be brought againll all the parties Billor Note ;— and that although only one fatisfaélion could lie regokfcdi Yet emotion for colls might be ilfued in all the {nits. : B.gfB, 43. 2 Vez. rr 5. But Sergeant, for the Defendant, urged, that this was a hard cafe, as his client was originally only an indori ler, and had become a bankrupt; that it was at the peril of the _ holder of a bill, or note, fo far as refpefis the coils, if hefued, forone fatisfaétion, all the parties that were liable to malte it ; and that, in the cafe cited, judgment had previoully beenobtainé ` ed in all the fuits ; while, in this cafe, judgment has not been obtained, and is only requelied for coils., _ Br run Comer: We entertain no doubt upon this fubjeélé It is the cafe ol feveral perfons, feverally bound, and feverally, fued, where, until one has aitually made the fatisfaétion, all . are liable to make it. The cafes cited clearly exprefs the prin- Cinlet i Let judgment be entered for coils. QH!
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