Page:Federal Reporter, 1st Series, Volume 3.djvu/398

WILSON V. RAT. BANE 07 BOLLA. 891 �been placed on record, is an important question, Story's Eq. Jur, § 700, and cases cited in note a, (llth Ed.) �Counsel will be heard further upon this question at tho next term. ���WiLBON, Assignee, v. National Bank of Bolla. �{Oirouit Court, W. D. Missouri. July 23, 1880.) �1. BANKRtiPTcy— Sbt-Off— UstTBT— Rbv. 8t. < 5073.~Section 6073 of the �Revised Statutes, relating to set-ofla in bankruptcy proceedings, pro- vides that " in ail cases of mutual debts or mutual credits between the parties the account between shall be stated, and one debt set oS against the other, and the balance onlj shall be allowed or paid ; but no set-ofE shall be allowed in favor of any debtors to the bankrupt of a claim in its nature not provable against the estate, or of a claim pur- chased by or transferred to him after the flling of the petition. Eeld, that iinder this section a judgment obtained by an assignee in bank- ruptcy, fOE a penalty incurred by the violation of a state statute against usury, could not be set-ofl against a claim of the judgment debtor against the bankrupt estate. �2. Samb — JuKisMCTioN OF CrRcuTT CouRT— BiLL oF Bbvibw — ^Rev. 8t. �} 4986. — Under section 4986 of the Revised Statutes the circuit court bas jurisdiction of a bill to set aside an order of the district eowct directing such ofi'set to be made. �Bill of Eeview. �B. B. Kingshiry, for plaintiff. �L. F. Parker, for defendant. �MoCraet, C. J. This is a case growîng out of proceedings in the district court in the matter of William James, bank- rupt. The defendant was a creditor of said bankrupt, and proved its claim, which was upon a promissory note amount. ing, with interest, to $5,000. The note was secured by mort- gage, but after exhausting the security there remained a bal- ance due against the bankrupt's estate of $2,803, The said note was usurious, and the assignee of said bankrupt, the present plaintiff, recovered judgment against the defendant for the statutory penalty for violating the usury law of Mis- souri in the sum of $620. This judgment was recovered some- ����