2020 ARTICLE 47

Where A. is perpetually insured in a mutual fire insurance company, provided 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 pending suit, but trustee must
become a party before suit can proceed. Hall v. McPherson, 3 Bl. 537.

A person who has been discharged cannot sue or be sued in relation to any prop-
erty 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 note
but before B. pays it, A. becomes an insolvent, A.'s discharge, is no defense to suit
by B. against him. Wharton v. Callan, 2 Gill, 173. (See sec. 6.)

Setting up a discharge at law and in equity.

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

If defendant fails to plead discharge to a suit resulting in judgment against him,
he cannot plead it to a sci. fa. to revive judgment. Moore v. Garrettson, 6 Md. 447.

A judgment, subject to a discharge under insolvent laws, should, when revived, be
taken subject to same conditions, and 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 en-
tered subject thereto. Katz v. Moore, 13 Md. 566.

Generally.

Fact that petitioner is not actually insolvent does not affect validity of his dis-
charge or oust jurisdiction of court. Weaver v. Leiman, 52 Md. 714.

A discharge cannot be inquired into 'collaterally. The county court or a judge thereof
in recess, may grant a discharge, etc., and the proceeding is pending from time applica-
tion is presented to him. Bowie v. Jones, 1 Gill, 208.

Fact that a deed in the nature of a mortgage provides for payment of debts barred
by a discharge in insolvency, does not render such deed fraudulent in fact. Wilson v.
Russell, 13 Md. 528.

An agreement by petitioning creditors that they will not object to insolvent's dis-
charge can have no effect on other creditors. Gottschalk v. Smith, 74 Md. 564.

As to the revival of a debt barred by a discharge in insolvency, see Knight v. House,
29 Md. 200; B. & O. R. R. Co. v. Clark, 19 Md. 519; Katz v. Moore, 13 Md. 569;
Wilson v. Russell, 13 Md. 528.

The application of this section to a vendor's lien, discussed. Willis v. Wright, 22 Md.
379.

The policy of the insolvent laws with reference to a discharge. Baylies v. Ellicott,
9 Gill, 454.

For cases apparently now inapplicable to this section because of changes in the law,
see Relief Bldg. Assn. v. Schmidt, 55 Md. 99; State v. Reaney, 13 Md. 238; Glenn v.
Karthaus, 4 G. & J. 392; Haddens v. Chambers, 2 Ball. 236.

Cited but not construed in Becker v. Whitehill, 55 Md. 574.

See secs. 7, 23 and 29 and notes.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1854, ch. 193, sec. 5.

6. The discharge of any person under this article is not to release any
other person who may be liable as endorser, surety or otherwise.

This section applied where husband and wife were joint makers of a note, and the
husband alone pleaded a discharge. Allers v. Forbes, 59 Md. 377.

An. Code, 1924, sec. 7. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1854, ch. 193, sec. 6.

7. No person shall be released or discharged under this article who has
conveyed, concealed or disposed of his property to defraud or delay his
creditors, or prevent the same from being applied to the payment of his
debts, or who has, within one year of the time of filing his petition, by the
conveyance or assignment of his property, or debts or claims, or payment
of money, given an undue and improper preference to any of his creditors.