
    Case No. 9,566.
    MILLER v. DELAWARE, L. & W. R. CO.
    [2 N. J. Law J. 50.]
    Circuit Court, D. New Jersey.
    Sept. Term, 1878.
    Bankruptcy — Action to Recover Debt Dub Bankrupt — Set-Ofp.
    [It is no defense to an action by an assignee to recover a debt due the bankrupt that said debt has been claimed by the bankrupt as set-off in a pending suit.]
    [This was an action by Miller, assignee in bankruptcy of Wyckoff and others, against the Delaware, Lackawanna & Western Railroad Company. Heard on demurrer to plea.]'
    Edward Q. Keasbey, for demurrants.
    Mr. Keen, for defendants.
   To a declaration by an assignee in bankruptcy containing the common counts for money due to the bankrupts, a plea was filed alleging that the defendants, before the filing of the petition in bankruptcy, had begun a suit against the bankrupts in the New Jersey supreme' court, and that the bankrupts did claim, by way of set-off in that action, the sum of money claimed in this suit, and for the same cause of action, and that that suit was still pending and undetermined.

A demurrer to this plea was sustained. The-plaintiff’s counsel cited Serra e’ Hijo v. Hoffman [30 La. Ann. 67].  