Per Curiam.
We have not allowed the plaintiff to discontinue, without costs, in case of the insolvency of the defendant, unless the defendant had obtained his discharge, under the insolvent act.
Rule granted. (a)
(a).
See Hart v. Stoi'ey, (t Johns. Rep. 143.) Merchants’ Rank v. Moore, N (2 Johns. Hep. 294.)