
    John T. G. Dinsmore vs. Leverett Bradley.
    A debt due to a citizen of another state, and not expressly payable here, is not barred by a certificate of discharge under the insolvent laws of this state.
    Action of contract for goods sold and delivered, part in New Hampshire and part in Massachusetts, under a contract made in Massachusetts, but without any stipulation as to the place of payment; the plaintiff being then and ever since a citizen of and resident in New Hampshire. Answer, a certificate of discharge obtained under the insolvent laws of this commonwealth, upon proceedings in insolvency in which the plaintiff did not prove his claim. The parties submitted the case upon these facts to the decision of the court.
    
      R. Cross, for the defendant,
    was first called upon, and cited Savoye v. Marsh, 10 Met. 594; Fiske v. Foster, 10 Met. 597; Brigham v. Henderson, 1 Cush. 430; Ilsley v. Merriam, 7 Cush. 242; Scribner v. Fisher, 2 Gray, 242.
    
      D. Saunders, Jr. for the plaintiff, was stopped by the court.
   By the Court.

It has been settled by repeated decisions of this court that a debt due to a creditor residing in another state, with no express stipulation ■ as to the place of payment, is not barred by a certificate of discharge under the insolvent laws of this commonwealth. Savoye v. Marsh, 10 Met. 594. Woodbridge v. Allen, 12 Met. 470. Ilsley v. Merriam, 7 Cush. 242. Clark v. Hatch, 7 Cush. 455.

Judgment for the plaintiff.  