Smith, one of the defendants in the former suit, and who had been compelled to satisfy a part of the judgment, brought a similar action against Lewis, in the state of New-York ; which was brought before the Supreme Court, on a writ of error, May Term, 1808 ; and after a full and able discussion at the bar, and by the eourt, it was held unanimously, that the action was not sustainable. 3 Johns. 157.