
    WILLIAM CHETWOOD, APPELLANT, AND STEPHEN P. BEITTAN, RESPONDENT.
    It is not competent to show by parol that at the time of executing a bond the obligee agreed that the obligor should not be personally liable, but that the obligee would look for payment to the mortgage given to secure the bond.
    This case, and the decision of the Chancellor thereupon, is reported in 3 Green’s Ch. Rep. 334.
    
      Wm. Halsted opened the argument in this court for the appellant.
    In addition to the cases cited for the complainant in the court below, he cited 1 Term Rep. 701; 3 Green’s Ohan. 155; 15 Vesey 85, 90; 2 Dali. 70; Coxe’s Chan. 402; 14 
      Wend. 63; 8 Ibid. 641; 9 Cowen 227; 2 Halst. Rep. 1, 13, Phil. Evid., by Cowen, 1432; 4 John. Chan. 167; 9 Wheat. 495; 2 Eden’s Rep. 110; 11 Wend. 536; 10 Ibid. 310, 313; 13 Pick. Rep. 69, 75; 1 Greenl. Evid. 370, and note; 4 John. Chan. 144.
    At the close of the openiug argument, the court, upon the suggestion of Judge A. Robertson, had a conference, and unanimously agreed that it was not necessary to hear the counsel for the respondent, but said they would hear Mr. .Vroom, the associate counsel for the appellant.
    
      P. D. Vroom then closed the argument for the appellant.
    He cited, further, 1 Hill 606; 7 Cowen’s Rep. 409; 1 Ves. & Beam 375.
   Decree below affirmed, per tot. our., all being present except Chancellor Halsted, who had been of counsel with the complainant below, and Justice Randolph, who was absent, from indisposition.  