
    JAMES H. MORAN and another, Assignees of MATTHEW D. BOGERT, Respondents, v. CATHARINE BOGERT, Appellant.
    
      Sale by assignee in bankruptcy — what constitutes a counter-claim, in action to recover pwrchase-price — Arbitration — when invalid.
    
    In this action, brought to recover the purchase-price of certain live stock sold by the plaintiffs, as assignees in bankruptcy, the defendant set up, as a counterclaim, a demand for services rendered by her in keeping the stock before and after the time at which the plaintiffs acquired title thereto. Held (1), that so much of the claim, as'related to services rendered before the plaintiffs acquired title, was a claim against the estate of the bankrupt, and could not be set up as a counter-claim in this action; (2), that so much thereof as related to services rendered after that time, could be so set up.
    Defendant’s account was, by agreement, left for adjustment to the register in bankruptcy, who determined that $250 would be a proper allowance for her, which sum was deducted by the referee from the purchase-price of the cattle. Held, that such agreement would constitute a common-law arbitration, and would be binding; but, that as it appeared that the arbitration was conducted in an informal manner, without hearing the claimant, or appointing any time for such hearing, it was irregular and not binding on the defendant, and that she was entitled to prove her claim anew.
    Appeal from a judgment in favor of the plaintiffs, entered upon .the report of a referee.
    
      James A. Seaman, for the appellant.
    
      Abbott Brothers, for the respondents.
   Opinion by Tappen, J.

Present — Barnard, P. J., Tappen and Donohue, JJ.

Judgment reversed, and new trial granted at circuit, unless plaintiff stipulate to deduct $159.50 from amount of judgment; and if such stipulation be made, then judgment affirmed as modified. No costs to either party.  