permitted the defendant to read the note in evidence, on proof that it came to his hands before the plaintiff’s insolvency.
Mr. Morsell, for the defendant, offered to set off a note due from Lowdermilk & Banks to Kunkle & Ghequere, and by them indorsed to the defendant, and offered to prove that the original debt was due from Banks alone for goods sold him by Kunkle & Ghequere.
Mr. Porter, for the plaintiff, contra, objected that they must be mutual debts, and due in the same right, and cited 1 Pow. Cont. 440; 1 H. Bl. 659; 1 Wils. 155; Bull. N. P. 179; and Cowp. 133.
And of that opinion was THE COUBT, (DUCKETT, Circuit Judge, ¿bsént) Verdict for plaintiff.