The Superior Court of New York City December 1, 1879 (Ludington v. Bell)

By the Court.—Freedman, J.

As a general rui- . when a defendant, pending the action, obtains an u *514solvent’s discharge, or a discharge in bankruptcy, the court, in the exercise of its discretionary power, will permit the plaintiff to discontinue- without costs (Hart v. Story, 1 Johns. 143; Merchants’ Bank v. Moore, 2 Id. 294; Case v. Belknap, 5 Cow. 422; Labron v. Woram, 5 Hill, 373).