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William Hall versus Charles Cushing, Administrator of Charles Paine, Esq.
* By the Court.
Whether the defendant, in his capacity of administrator, would be answerable to a future assignee of the effects of the bankrupt, it is not now necessary to decide ; but we are all of. opinion that the present action does not survive, and cannot be maintained against the present defendant, as administrator of Mr. Paine, the assignee of Smith the bankrupt.
Verdict set aside.