
    Thomas Orr and Others versus Jonathan Amory.
    T'he voluntary assignee of an insolvent debtor in another state cannot maintain an action in his own name against a debtor of the assignor in this state.
    The plaintiffs, citizens of Philadelphia, declare in assumpsit, as assignees of the goods and effects of William Birnie and John F. Rockendorff, also of Philadelphia, merchants and copartners, against the defendant, as surviving partner of the firm of Thomas C. Amory if Co.
    
    From an agreed statement of facts, upon which the action was submitted to the decision of the Court, it appeared that Birnie if Rockendorff, being by misfortunes rendered unable to discharge their debts, by indenture, dated January 14, 1811, assigned all their lands, goods, chattels, and debts, to the present plaintiffs, in trust to pay the proceeds thereof to such of their creditors as should execute a discharge to them, in proportion to the amount of then-respective demands, and to pay the'surplus, if any should remain, to their other creditors in like manner, and the residue, if any, to the assignors.
    
      M ’ Cleary for the plaintiffs.
    
      W. Sullivan for the defendant.
   By the Court.

It has been heretofore settled, that the assignees of bankrupts, duly appointed under the laws of a foreign country, cannot maintain actions, in their own- names, in our courts, for demands due to such bankrupts, A chose in action, such as is the subject of the present action, is not assignable at the common law, nor by any statute provision recognized in this commonwealth, where the remedy is sought to be maintained. The contract of Birnie if Rockendorff with the defendant is not to be [ * 26 ] varied in its import * and effect by a voluntary assign rnent on their part. The action is not maintained.

Plaintiffs nonsuit. 
      
      
         Chitty, Plead. 17, 7th ed. — Sed vide Goodwin vs. Jones, 3 Mass. Rep. 517. — Ingraham, vs. Geyer, 13 Mass. Rep. 146.
     