Janvier v. Mulford

2 Del. 28

Opinion

The Chief Justice

said it had frequently been decided in the late courts, that the party guarantied must not permit the first term of the two courts then existing to pass, after the debt became due, without suit. Thus, if the bond fell due in August, the party might suffer the Supreme Court to pass, and bring his suit in the Common Pleas. But it has further been decided, that where insolvency was proved at the time the bond fell due, it was not obligatory on the party to sue at all; for the couit said it would be a fruitless suit and an unnecessary expense.

The plaintiff had a verdict.