An action at law cannot be maintained by copartners to recover a debt which has been discharged by one of them, and paid by a set-off of his separate debt with his assent, when the defendant *Page 184 acted in good faith. Homer v. Wood, 11 Cush. 62; Williams v. Brimhall, 13 Gray 462; Tay v. Ladd, 15 Gray 296; Greeley v. Wyeth, 10 N.H. 15.

Case discharged.

BINGHAM, J., did not sit.