case ex part RYSWICKE Lord Macclesfield Eq can ab pl a draw a bill Payable to  b on c in holland for pound c accept it afterward a and c become bankrupt and  b receive pound of the bill out of c s effect after which he will come in as a  creditor forth whole pound out of a s effect a permit to come in as a creditor  for pound and the master direct to see whether the other pound be pay out of  a s effect in c s hand or out of c s own effect if the latter then c be a  creditor for this pound also but if out of a s effect then pound of the pound  be pay off upon the petition of the creditor of mrs cock the bankrupt to bb  let in before the commissioner for their whole debt the case be mrs cock draw  a bill of exchange in England upon her brother Vandermash in holland for pound  Payable to I S Vandermash accept the bill and both he and mrs cook become  bankrupt and out of the effect of Vandermash so much money be pay by the  assignee of the come mission of bankruptcy against he to his creditor as  amount to pound per cent peer William and now some of the creditor of mrs cook  petition Lord chancellor that they may come in as creditor of mrs cook for the  whole pound allege that though this shall be grant they yet the effect of mrs  cook will not extend to satisfy they their just debt of pound even include the  pound per cent whichthey have before receive out of Vandermashs estate Obj the  creditor by this bill of exchange have receive pound per cent out of  Vandermashs estate there remain but pound per cent due and therefore such  creditor otherwise than as creditor for pound in regard pound of the debt  discharge and it can be material whether this be pay drawee or by mrs cook the  drawer forasmuch as there remain ut pound due upon the say bill of exchange  and if the construction be otherwise it will disappoint the intention of the  statute of bankrupt which order a equal distribution of the bankrupt estate  among all the creditor so Walwyn v saint Quintin Bos p by where the part  payment be make by a endorse ib and Johnson v kennion will Lord chancellor it  be material whether this payment of pound per cent make by the assignee of the  commission against Vandermash be out of the effect which mrs cock have in  Vandermashs hand for if so it will be as if pay by mrs cock herself and if pay  by mrs cock herself then there can be but pound percent due and consequent the  creditor of mrs cock shall come in for no more than this remain pound on the  other hand if the pound per cent pay by the assignee of Vandermashs estate be  real pay out of Vandermashs peer William effect then Vandermashs estate be as  a creditor for we pound and the creditor of mrs cock estate must come in  creditor for the whole pound and to be take as trustee for the pound debt pay  out of Vandermashs effect to make this plain suppose a be principal in a bind  and b surety in the say bind for the payment of pound and a and b become  bankrupt a have pay pound the creditor of a or b will come in only for the  remain pound but if b the surety have pay the pound or if it have be pay out  of the effect of the say surety then b the surety or his estate have be  creditorfor this pound and consequent the creditor or assignee under the  commission of bankruptcy against a the principal though the pound have be pay  by the surety yet must have come in for the whole pound and as to the pound  they must have be Accountable to b the surety therefore in this case let the  creditor of mrs cook come in for the pound per cent and let it be inquire out  of who effect the pound per cent be pay by Vandermashs assignee and if the  pound per cent shall appear to have be pay out of Vandermashs own effect then  let the creditor of mrs cock come in for the whole pound out of which they  must answer per cent to the creditor of Vandermash where several debtor for  the same debt become bankrupt the creditor shall be at liberty to prove his  whole debt under each commission if at the time of prove his debt he have not  actual receive any satisfaction in respect thereof and he shall peer William  er p receive his dividend under each commission upon the whole debt so that he  do not in the whole receive more than S in the pound Cooper v Pepys atk ex  part Wyldman ves find atk S c ex part Blackburne Ves ex part Rushforth Ves ex  part Martin rise ex part Rathbone buck a dividend declare under one commission  though not receive must be deduct from the amount to be prove under another  commission ex part leer Ves ex part bank of Scotland rise Ves see ex part Reid  buck say qure for in the first place it do not appear in what manner the  obligee can prove the whole debt have in fact receive a part beside which it  be clear that if the surety or his estate shall pay the whole or a part of the  debt before the bankruptcy of the principal such payment may be prove as a  debt under the commission against the principal without any circuit and if the  payment shall be make after the principal bankruptcy the surety or his  assignee will not be entitle to any benefit under the commission not be  damnified at the time of the bankruptcy ex part martial atk Kettier v reins  cook bankrupt law S c bro c c Cox but now by saint g c S any person who at the  issue the commission shall be surety or liable for any debt of the bankrupt or  bail for the bankrupt either to the sheriff or to the action may if he shall  have pay the debt or any part thereof in discharge of the whole debt although  he may have pay the same after the commission issue if the creditor shall have  prove his debt under the commission stand in the place of the creditor as to  the dividend and all other right upon such proof or if the creditor shall not  have prove under the Commission may prove his demand in respect of such  payment as a debt under the commission not disturb the former dividend and may  receive dividend with the other creditor although he become surety c after the  act of bankruptcy provide he have not when he become surety c notice of any  act of bankruptcy or that the bankrupt have stop payment as to the extent of  the word liable for any debt of the bankrupt see ex part Lobbon Ves rise ex  part young v b rise wood v Dodgson rise m S ex part tailor rise ex part ogilvy  ibidem Vansandau v Corsbie taunt b a mdougal v Paton taunt Hoffham v  Fourdrinier m S moody v king b c which be decide upon the g c S that statute  do not express mention bail and they be hold not to be include under the word  person liable hue v mott taunt Newington v Keeys b a nor be surety for the  payment of annuity include Welsh v Welsh m S Watkins v Flanagan bing but these  be now provide for by g c S