ART. 47] DISCHARGE. 1211

And the fact that the non-resident brings suit here does not subject his debt
to the operation of our Insolvent laws. Poe v. Duck, 5 Md. 6.

As to acts of a non-resident which will subject his debt to our Insolvent
laws, see Jones v. Horsey, 4 Md. 311.

Formerly a discharge did not affect the right of foreign creditors to obtain
an unqualified judgment and to execute upon any property in the hands of the
insolvent trustee undistributed. The cases so holding were, however, over-
ruled in Pinckney v. Lanahan, 62 Md. 449, deciding that the insolvent trustee
takes a good title as against a non-resident creditor and that assets in his
hands can not be attached by such creditor. See note to Larrabee v. Talbott,
5 Gill, 426.

It is doubtful whether a debtor is not discharged from a contract of sub-
scription to stock under this section. Anything that falls within the defini-
tion of debt or contract would seem to be embraced. Glenn v. Clabaugh, 65
Md. 67.

Under the act of 1805, ch. 110, the discharge covers a bond executed before
the insolvent's application, though the breach occurs after such discharge.
State v. Culler, 18 Md. 419.

Where upon the dissolution of a partnership, one partner agrees to pay
the debts of the firm but subsequently goes into insolvency, he may be sued
by the solvent partner who has to pay the firm's debts, on any debts matur-
ing after his discharge. Berry v. McLean, 11 Md. 97.

In a suit on a promissory note made by a husband and wife, the discharge
of the husband does not affect the wife's liability. Allers v. Forbes, 59
Md. 375.

Where A. is perpetually insured in a mutual fire insurance company, pro-
vided he continues to pay premium notes as called for, his discharge under
this section avoids the insurance. Reynolds v. Mutual Fire Ins. Co., 34
Md. 388.

A discharge does not operate as an abatement of a pending suit, but the
trustee must become a party before the suit can proceed. Hall v. McPherson,
3 Bl. 537.

A person who has been discharged can not sue or be sued in relation to any
property transferred to his trustee. Hall v. McPherson, 3 Bl. 535.

The Insolvent being discharged, is no longer liable to suit. Insolvent Estate
of Leiman, 32 Md. 240.

Where A. gives a note which B. endorses, and subsequent to the maturity
of the note but before B. pays it, A. becomes an insolvent, A.'s discharge is
no defense to a suit by B. against him. Wharton v. Callan, 2 Gill, 173. (See
section 6.)

Setting up a discharge at law and in equity.

How the defense of a discharge should be set up, where execution is
attempted on a judgment rendered prior to such discharge. Job v. Walker,
3 Md. 132.

If a defendant falls to plead a discharge to a suit resulting in a Judgment
against him, he can not plead it to a set. fa. to revive the judgment. Moore
v. Garrettson, 6 Md. 447.

A Judgment, subject to a discharge under the insolvent laws, should when
revived, be taken subject to the same conditions, and the discharge need not
again be pleaded under the set. fa. Huston v. Ditto, 20 Md. 328. See also,
Moore v. Garrettson, 6 Md. 448 (involving a variance).

Where after a debtor's discharge, without notice to him, execution is issued
on a Judgment obtained prior to such discharge, an injunction will be granted
him, his discharge being a bar to the Judgment and he having been afforded
no opportunity to plead it. Starr v. Heckart, 32 Md. 271.

Equity will not restrain execution on a judgment at law upon the ground
that the defendant had been discharged in insolvency and that the Judgment
was not entered subject thereto. Katz v. Moore, 13 Md. 566.

Generally.

The fact that the petitioner is not actually Insolvent does not affect the
validity of his discharge or oust the jurisdiction of the court. Weaver v.
Leiman, 52 Md. 714.