McIver v. Wilson 1 Cranch 423, 1 D.C. 423

McIver, Assignee of Gillis, v. W. Wilson.

A bond due from the bankrupt to the defendant cannot be set .off against the defendant’s note to a third person assigned to the assignee of the bankrupt’s effects after commission issued.

Assumpsit on a promissory note of Wilson to J. Kennedy, dated the 15th of October, 1805, at 20 days, indorsed by J. Kennedy to Mclver, assignee of the effects of Gillis, a bankrupt. The defendant offered to set off a bond of Gillis to W. Wilson and Roger Coltart, who is dead, dated 15th of September, 1795, and payable the 15th of MarcST, 1796. The note was given since the date of the commission. The declaration is by Mclver as as-signee of the effects of Gillis.