G. M. Bayly & Pond v. Stacey

The opinion of the court was delivered by

Spencer, J.

Plaintiffs sue defendants -on account of certain debts paid for them and for goods sold, as shown by account annexed to petition.

Defendants excepted to plaintiffs’ right to sue, alleging that plaintiffs had become bankrupt, and were no longer authorized to collect the assets of Bayly & Pond.

This exception was not well taken. The evidence shows that plaintiffs did make a surrender, but entered into a composition with their *1211creditors under the amendment of the bankrupt act, the effect of- which left them in possession and control of their…