“A bill in equity which was set down by consent for a hearing upon the bill and answer. It was argued by Hunter for the plaintiff, and by Randolph for the respondents, upon the point stated in the opinion of the court . . . The intestate, Lewis Rousmaniere, a merchant of Newport, being deeply and fraudulently insolvent, on the 4th of May, 1820, wrote a letter to the plaintiffs, who are merchants in Charleston, S. C. and with whom he had previously done business, containing an order for the purchase and shipment of 30 casks of rice on his own account, from Charleston to Newport. On the 6th of May, the intestate, in consequence of the discovery of his frauds, committed suicide. The letter of the 4th of May, duly reached the plaintiffs, who, on the 16th of May, shipped the 30 casks of rice consigned to the intestate on his own account and risk, and drew a bill on the intestate for the amount, in $500 73, payable at 30 days sight.”
2 Mason 236