Barnardiston king b TULLEY and spark what be such creditor as shall not be  bind to come in a creditor under a commission of bankruptcy this be a action  of debt upon a bind for the penal sum of the plaintiff set forth the whole of  it in his declaration and show the condition of it to have be that in case the  obligor shall marry one Martha Latimer and she shall survive he his heir  executor c shall pay the obligee the sum of in trust for her within two month  after his death and then the plaintiff aver that the marriage do take effect  that the obligor die and the wife survive he then set forth that the two month  pass and the executor never pay the money by reason of which the obligee now  bring his action against the defendant be executor to the obligor the  defendant plead that sometime after the obligor marry this Martha Latimer he  become a bankrupt and so plead the certificate in bar upon which the plaintiff  demurrer and the court upon argument be now of opinion for he for they say at  the time the commission of bankruptcy be take out it be entire uncertain  whether the plaintiff shall ever have any demand upon this bind and consequent  he can not be oblige to come in with the rest of the creditor the only thing  which give any colour of difficulty in this case be the statute of Geo cap but  the court say this statute only extend to creditor at a future day certain and  not to mere contingent creditor as this case be they say further that it seem  clear he can not be prejudice for not come in because if he have come in it  will have do he no service this be what be say by the court in relation to the  insufficiency of the defendant plea as to the matter of it another fault they  find as to the manner of it and that be that it do not set forth any petition  to have be make to my Lord chancellor and without this the court say the  chancellor have no right to grant it it be true the defendant plead that the  commission be debt is owed law form super stat but the court say that be not  enough so that the act of bankruptcy as it stand upon the plea be no bar as it  do not appear to have be regular accord they make a rule for judgement for the  plaintiff nisi vide this matter come on next term upon a new action and the  court be of the same opinion salk