
    Charles Burrall vs. Moses M. Rice.
    A certificate of discharge under the insolvent laws of this state is a bar to an action by a citizen of another state on a promissory note expressly payable in this state.
    Action of contract on a promissory note, made by the defendant at Boston, and payable “ at any bank in Boston,” to the order of E. C. Starkweather, and by him indorsed to the plaintiff, before maturity, and for a valuable consideration. Answer, a certificate of discharge under the insolvent laws of this commonwealth. The plaintiff is and always has been a citizen of New York; the maker and payee, citizens of this state. The ease was submitted to the decision of the court upon these facts.
    
      H. C. Hutchins, for the plaintiff.
    
      G. G. Hubbard D& J. M. Pinkerton, for the defendant.
   By the Court.

The contract was made in Massachusetts, to be executed in Massachusetts, and indorsed to a New York plaintiff afterwards. That the defendant’s discharge under the insolvent law is a good bar, is settled by the recent case of Scribner v. Fisher, 2 Gray, 43.

Judgment for the defendant. 
      
       A similar decision was made in Suffolk, March term 1855, upon similar pleadings, in the case of Laban Capron vs. Samuel S. Johnson, which was an action on a promissory note made at Salem by the defendant, a citizen of this commonwealth, and payable “at the Salem Bank” to the plaintiff, a citizen of New York.
      
        J. H. Wakefield, for the plaintiff.
      
        O. P. Lord, for the defendant.
     