J. C. Smith & Wallace Co. v. Lambert

*488The opinion of the court was delivered by

Hendrickson, J.

This is a suit brought upon the common counts to recover the amount due upon a book account. In addition to' the plea of the general issue, the defendant pleaded a discharge in bankruptcy by the District Court of the United States, District of New Jersey, on the 9th day of September, 1901, which, as the defendant alleges, was granted after the plaintiff’s cause of action, if any, had accrued, and before the commencement of the suit. He further averred that the cause of action set forth in the declaration was not excepted from the…