Wright v. Rogers

McLEAN, Circuit Justice.

This action is brought by an assignee in bankruptcy, to recover a sum admitted to be due. Foster & .Brothers having been once in business, and the defendant having an account against them exceeding one hundred dollars, the defendant offered to prove it, as a set off. But the court held that it could not be so received, as it was not a debt in the same right That it might be received if Foster the plaintiff had expressly assumed to pay it; but no such evidence being offered, the account was rejected. Charles Foster, a brother of the bankrupt, who formerly was a partner…