
    Buel against Gordon.
    After bail had become fixed, and judgment against them on a recognisance, the principal was discharged under the insolvent act; a ca. sa. was then is- - sued against the bail who paid the amount, and then brought an action against the principal; and it was held, that the principal could not plead his discharge, as the debt was not made certain, until after the discharge.
    AFTER the judgment against the special bail in this cause, who had become fixed, the principal was discharged under the insolvent act. A ca. sa. was then issued against the bail, who, being takensein execution, paid the debt, and then brought this action against the principal, to recover the amount. And the question was, whether the principal could plead his discharge in this suit, brought against him by the bail.
   Per Curiam.

The debt was not made certain, until after the defendant’s discharge. It is like the case of a surety paying a debt after the discharge of the principal. The debt must be certain and fixed, at the time of the insolvent’s assignment.

The defendant cannot, therefore, plead his discharge. (Frost v. Carter, 1 Johns. Cases, 73.)  