Clayton’s Notebook, 181
Supreme Court of Delaware.
March, 1814.
Page 636
Assumpsit. One James McDowell, brother of the defendant, was committed to jail on a capias ad satisfaciendum at the suit or plaintiff and defendant for $317.00. James McDowell, being very ill in prison, was, by order of Thomas McDowell, and without the knowledge of Rothwell, released, and in two or three weeks after died. One count in the declaration stated the circumstances specially, another was for money had and received.
Defendant attempted to prove the insolvency of James McDowell.
PER CURIAM.
Defendant, by releasing James McDowell, rendered himself responsible to Rothwell for one half of the debt and interest. The insolvency of James McDowell is altogether immaterial.
Verdict pro querentem. $186.20.
Clayton pro querentem. Hall contra.