Civil action, on a bond for money, tried at the Spring Term, 1874, of .Northampton Superior Court, before Albert-son', J., and a jury. The plaintiffs declared in debt, before the Code of Civil Procedure, on two bonds amounting in the aggregate to $130, with interest, payable to the plaintiff's, executors of R. B. Gary, and executed by the defendant Johnson as principal, and Long as surety.
Decided 1875-01-05
Reade, J.
¶1
The device of suing in the name of the original obligees to the use of the beneficial plaintiffs instead of in the name of the beneficial plaintiffs themselves, amounts to nothing. The defendants, set off attached when the bonds were in the hands of the guardian of
the feme
beneficial plaintiff. And now it would be against conscience to allow them to be collected for her use out of the defendant, while she is indebted to the de*-fendant an equal amount.
