case Curson versus African company see Bailey v finch l r Q b n eoden die in  court Lord keeper want of party it be object against the plaintiff that he  have not bring proper party to hear the bill be to be relieve for a debt owe  from the old African company and they have bring to hear the new African  company only the Lord keeper object that the old company be in a manner in  frown though their charter be not surrender as be object at the bar for he  know how that matter be the old company be almost two hundred thousand pound  in debt so that their credit be lose and they can not carry on their trade and  therefore that the trade may not be lose to the nation it be necessary that a  new company shall be erect which be so do and the king accept no surrender  from the old company of their charter but they be a company still in be the  new company which in truth be almost all the same man as be of the old company  buy the old company stock and effect at the true value and the money be to be  apply for payment of the debt of the old company but that Vernon chancery case  which stick with he in this case be he do not see how a company that have no  estate can be compel to appear vide the case of dr salmon v hamburg cite in  Harvey v east India company post vol where say the member in their private  person be make liable the company have no good but the editor have not be able  to find any further report of that case upon which it be urge the plaintiff  may take out a distringa against the company and have it return nothing and so  get a sequestration against they and then by the course of the court the  plaintiff need not to bring Vernon chancery case er p hem to hearing After a  decree against a corporation for a sum of money and a distringa issue out  against they they be not to have any time to be examine on interrogatory  Harvey v east India company ub sup but then for the plaintiff it be say that  the plaintiff have a order make in this cause that the defendant shall take no  advantage at the hear for want of proper party to which it be re lie such a  order be in itself void and can not take away the defendant just exception  unless it have be by consent Lord keeper order the plaintiff counsel to go on  and open the cause and after debate the plaintiff agree to take as other  creditor have do pound per cent with interest for his money he be order so to  do and be likewise order to allow pound debt that be owe by he to the company  for that it be the custom of company that if they owe a man pound they will  give he credit for so much and therefore in respect of a company stoppage be  to be allow as a good payment Reg lib a fol and before the statute stoppage  have also be allow as payment in case where there have be mutual deal between  two person in the way of their trade per Lord Macclesfield Downman all v  matthews pre Ch so say to be adjudge by Lord hale where one of the party  become bankrupt chapman v Derby post vol et vide on that head Peter v soam  ibidem so at law under the statute Geo two cap sect as in the common case  under Geo two cap sect lock v Bennett atk and though stoppage be no payment in  law or equity send vide statute yet the least evidence of a agreement for  stoppage will do Jeffs v wood p wms but the deal must be mutual and the debt  due in the same right Meliorucchi v royal exchange assurance company Eq can ab  pl lee v carter atk bishop v church atk stat Geo two cap sect Medlicot v bow  ves Whitaker v bush Amb where the law and principle of this point be state by  master of the roll as to distinction between law and equity in the case of  joint and separate debt vide ex part quinten Ves the act of Geo two do not  extend to mutual credit rial v roll atk ves SC but mutual credit come within  the equity of that statute ex part Prescot atk James v Kynnier Ves and case  there cite et vide cook b l et seq cologne bank law et seq stat Geo two cap  sect Geo two cap sect vide the principal case more full state skin Rep note  the word of the statute and Geo two be where there be mutual debt between  plaintiff and defendant or if either party sue or be sue as executor or  administrator where there be mutual debt between the testator or intestate and  either party one debt may be set against the other and such matter may be give  in evidence c those of the that Geo two that where it shall appear to the say  commissioner c that there have be mutual credit give by the bankrupt and any  other person or mutual debt between the bankrupt and any other person c the  commissioner c shall state the account between they and one debt may be set  against another and what shall be due on the balance of such account and on  set such debt against one another and no more shall be claim or pay on either  side respective see further on the equitable doctrine of setoff ex part  Stephens Ves ex part twogood Ves ex part hanson Ves Ves rise ex part Wagstaff  Ves Bradley v millar rise Addis v knight mere Vulliamy v noble mere ex part  Ross buck as to setoff in bankruptcy see the stat Geo c S