
    R. Cunningham, Adm’r of D. S. Bailey, v. John Baker.
    Where an administrator commences an action within the nine months allowed him by law, the defendant may plead a discount.
    Tried before Mr. Justice Richardson, at Lancaster, Spring Term, 1820.
    This was a sum. pro., in which the discount was offered within nine months, during which the administrator is protected from suit by the Act of 1789.
    The presiding judge thought the discount, operating in the nature of an action, could not be pleaded within the time.
    The plaintiff had a decree, from which the defendant appealed, on the ground that the discount was admissible.
    
      Miller, for the motion. Rogers, contra.
   The opinion of the Court was delivered by

ColcocK, J.

My brethren are of opinion, that if the administrator thinks proper to sue within the time, the discount must be allowed, for it is to be considered more as a payment than a demand of a debt. The motion is granted.

Nott, Johnson, HugeR and Gantt, JJ., concurred.

Richardson; J., dissented.  