VALENTE v. COSENTINO

Bankruptcy. Judgment. Merger. It is no defense to an action of contract upon an account annexed that the plaintiff's claim previously had been allowed by a referee in bankruptcy in proceedings under the bankruptcy act of 1898 in which no dividend was paid on the bankrupt's estate and the bankrupt was refused a discharge.

LORING, J.

The only defense to the plaintiff's demand was that the claim sued on had been proved in bankruptcy, and so was merged in a judgment.

There is no foundation for the contention. For a full explanation of the matter, see Lowell on Bankruptcy, § 219.

In our opinion the exceptions are frivolous and intended for delay.

The exceptions must be overruled with double costs from the time the exceptions were allowed; and the rate of interest from that time is to be twelve per cent a year. It is

So ordered.