The case finds that the note in suit was given by the defendant to the plaintiff while they were both inhabitants of the state of Nevada; that the discharge in insolvency was regularly granted under the laws of that state while the parties were yet citizens thereof; and that the discharge includes the note. This is a legal defense to the suit in this state, (Stone v. Tibbetts, 26 *43Maine, 110,) notwithstanding the subsequent change of residence of the defendant. Fetch v. Bugbee, 48 Maine, 9.

Exceptions sustained.

Default to be stricken off.

Case to stand for trial.