
    *President and Directors of the Bank of Pennsylvania against Andrew Hadfeg, Peter Regnier and Samuel Salter.
    A dormant partner engaged in a limited concern, and not in the general partnership of the house, for whose use a note was discounted, and afterwards protested, discharged on common bail, and the testimony of one of the partners, a bankrupt, was received by the court, to establish the facts.
    MOTION to discharge Samuel Salter on common bail. He had been arrested on a note drawn by one Cottineau, payable to Hadfeg and Co. or order, for $1450, which had been indorsed by them and discounted at the bank,
    
      Salter was said to be a dormant partner of the house, and in proof thereof, a bill of sundry looking glasses sold by Hadfeg and Co. to James Stokes, on the day preceding the date of the note, amounting to $iiixVo> was produced by the plaintiffs, with a receipt thereon by S. Salter, and a subscription by him in these words : “ It is fully understood, that S. Salter is one of “the firm of Hadfeg. For partners and self. S. Salter.”
    To shew that this was a mere limited partnership, confined to looking glasses, and did not respect the general partnership of Hadfeg and Co., Peter Regnier, one of the defendants, was offered as a witness. He was a bankrupt and had obtained his certificate. Hadfeg had not been arrested.
    The plaintiffs excepted to his being sworn, on the ground of his being immediately interested in the event of the suit, and cited 5 Ves. jr. 792, Wright v. Hunter.
    Mr. Ingersoll, pro quer.
    
    Messrs. Levy, Dallas and Dickerson, pro def.
    
   Sed per cur.

In these summary inquiries by the court, parties though interested have always been received. Many instances of the practice have occurred in this court.

He was sworn accordingly; and it appearing by him and two other witnesses, that Salter was not interested in the general concerns of the house of Hadfeg and Co. for the accommodation whereof this note had been discounted, he was discharged on common bail.  