
    Elderkin v. Elderkin.
    An action In tlie name of a bankrupt, wliose property is all assigned to trustees, is not sustainable upon a note taken before the-bankruptcy.
    AotioN on note, executed at lloxbury in the Massachusetts,, payable to plaintiff or order, where notes are negotiable, and there.indorsed to Thomas Lee; said note dated 20th October mo.
    Before tlie commencing of this suit the plaintiff obtained an act of bankruptcy in bis favor, and all his property was assigned to trustees. Plea — Lull payment. Issue to the court. Objection, that this action cannot be maintained in tlie plaintiff’s name: By the court it cannot; and it was withdrawn. v
   But the court was of opinion — That an action might be^ maintained by Mr. Lee, the indorsee in his own name, as the note was executed and indorsed in tbe state of Massachusetts, where by law it was negotiable.  