“Rule to show cause why an exoneretur should not be entered on the bail piece, the defendant having given special bail, and having been duly discharged on the 13th of the present month under the insolvent law of this state. The writ in this suit issued in June, returnable to this term. The debt for which this action is brought, arose in consequence of consignments of goods made by the plaintiff, a merchant in Boston, to the defendant, a merchant of this city, to be sold on commission; and for a balance due to the plaintiff on the sales of the goods so consigned, the defendant gave to the plaintiff, in this city, his promissory note.”