ARGUED AND DETEBMINED
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_ Srnvmsmna and others v. Danzromn}
(Oireuit Uowrt, E. D. Louisiana. June 6, 1887.)
lNBOLVENOY*DISCHARGE—FOBEIGN Cnnnrron.
Defendant made a cesaio bonolrum in the insolventcourt of Louisiana. Plain-
tiffs, citizens of New York, brought. a suit against the syndic of the insolvent
estate in the state court having jurisdiction thereof, to enforce a veudor’s
lien upon some goods sold by them to him; and, secondly, plaintiifs went into
the insolvency court. and took a rule to have certain goods delivered to them,
which, the alleged were their property, and not included in the cession. Held,
that the plaintiffs could not be held to have implledly assented to the defend-
ant’s discharge! _
On Exceptions. •
Harry H. Hall, for plaintiiis.
Joseph P. Homer and Francis B. Lee, for defendant.
BILLINGB, J. The questionsubmitted is whether, upon the facts stated
in the plea, the plaintiifs have participated in the insolvency proceed-
ings of the defendant, so as to conclude them by his discharge. V
The defendant had made a cessio bonorum in the insolvent court of the
state, and has since been discharged. What the plaintiffs are alleged to
have done is—First, to bring a suit against the syndic of the estate to en-
force a vendor’s lien upon some goods sold by them to him; and, sec-
ondly, to go into the insolvency court, and take a rule to have certain
goods delivered to them, which they alleged were their property, and not
included in the cession.
In the case of Hyde v. Stone, 20 How. 170, it was held that bringing T
_ in the state court a suit which was under the laws of Louisiana trans- ‘
¥Repo1·tedrbyJoseph P. Hornor, Esq., of the New Orleans bar.
ZA discharge under the insolvency laws of Massachusetts does not bar the right of re-
. covery ofa non-resident creditor, unless he was a resident of the state at the time ofthe
proceedings, pr voluntarily submitted to its jurisdiction and assented to the discharge.
Norris v. Atkinson, (N. H.) 5 Atl. Rep. 710, and note. ‘
v.32F.no.l——1