
    Samuel Paxson vs. John D. Haster.
    If a surety on a promissory note pay it, after the principal has been discharged under the insolvent act, he may recover the amount from the principal, jvhose discharge will he no bar to the action.
    The defendant, Haster, as principal, and the plaintiff as surety, gave a joint promissory note for $200, payable in twelve months after date, to Samuel Brearley or order; the defendant failed to pay the note at its maturity, and soon after became insolvent, and was discharged as an insolvent debtor. Subsequently to his discharge, the plaintiff as-surety, paid the amount of the note to the holder, and then brought this suit against the defendant to recover from hint the money thus paid.
    
      
      * Southard, for plaintiff. [*411
    
      S. F. Hamilton, for defendant.
   By the Court. The plaintiff’s claim is not barred by the discharge of the defendant. Until the plaintiff paid the note, there was not any specific and certain debt due to him from the defendant; and the actual payment of the money was subsequent to the defendant’s discharge. This case is similar to Frost v. Carter, 1 John, cases, 73; in which the reasoning of Kent J. and the cases he cited very satisfactorily sustain the decision which was made.

Judgment for the plaintiff.  