
    MIDDLESEX COUNTY,
    JULY TERM, A. D. 1792.
    Hon. Eliphalet Dyes, Esq., Chief Judge.
    
    
      Judges.
    
    Hon. ANdeew AdaMS, Esq., Hon. Charles Chauiicy, Esq.,
    Hon. Jesse Root, Esq., Hon. Eeastus Wolcott, Esq.
    S. Titus Hosmer, Esq., Administrator on the Estate of General Parsons, v. Merriam.
    In an action brought by an administrator on an insolvent estate on a note, against a creditor to said estate by bools, the court will offset the sum found by the commissioners to be due on book against the note, and give judgment for the remainder.
    Eeeoe to reverse a judgment of the County Court in an action brought by said administrator against said Merriam, on a note of band, dated the 29th of January, A. D. 1787, for £19 13s. 4-J-d. payable to said General Parsons by the 1st of November then next, with the lawful interest; demanding £30 damages.
    Plea in bar —■ That the estate of said Parsons was represented and found to be insolvent; that said Merriam exhibited to the commissioners appointed to examine the claims of the creditors, a debt due to him, by book from said Parsons of £11 6s. Id.; which was allowed by said commissioners, in their report to the Court of Probate; which in contemplation of law is a payment of so much on said note, and ought to be offset accordingly; and for the residue of said note the plaintiff ought to recover. The plaintiff demurred.
    The County Court gave judgment that the plea of the defendant was sufficient, for the sum of £11 6s. Id., and that the plaintiff recover for the residue of the note.
    Errors assigned — 1st. That the commissioners did not make the offset. 2d. That the allowance of said debt by the commissioners, was not conclusive upon the administrator. 3d. It does not appear that said articles charged on book were delivered in payment of said note. 4th. That the County Court as a court of law, was incompetent to make the offset.
    
      Judgment — That there is nothing erroneous in the judgment complained of.
   By the Court.

The balance of claims in such cases where mutual credit is given is the sum due. The commissioners on an insolvent estate will allow and report the debt; which must be offset by the court in the action against the creditor, where he owed the deceased more than the deceased owed him, for it would be inequitable, that the administrator should recover the whole sum against the creditor, and the creditor take only the average upon his debt; and the administrator is at liberty to contest in this action, the allowance made by the commissioners. See Hosmer v. Brattle, Haddam, December Term, A. D. 1791.  