An action of assumpsit brought in the Circuit Court of Massachusetts, Crowninshield (D), as the maker of two promissory notes, both dated at New-York, on the 22d of March, 1811, for the sum of 771 dollars and 86 cents each, and payable to Sturges (P) plaintiff, one on the 1st of August, and the other on the 15th of August, 1811. D pleaded his discharge under 'An act for the benefit of insolvent debtors and their creditors,' passed by the legislature of New-York, the 3d day of April 1811. After stating the provisions of the said act, the D's plea averred his compliance with them, and that he was discharged, and a certificate given to him the fifteenth day of February 1812. P made a general demurrer and joinder. At the October term of the Circuit Court, 1817, the cause came on to be argued. The court was divided, and the Supreme Court granted certiorari.

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