case ex part matthews a bankrupt December a person under a commission of  bankruptcy may prove a debt in the right of his wife and yet bring a action in  his own right for a debt due to himself from the bankrupt ex part Botteril atk  ex part Crinsoz bro Charles Rep Mr Gary prove a debt under the commission in  the right of his wife amount to pound be her fortune under a marriage  settlement and have also bring a action at law in his own right for a debt due  to he for good sell and deliver the debt prove under the commission be so  large prevent the petitioner from have his certificate Lord chancellor the  court undoubted will never suffer a creditor to split a demand and prove part  under the commission and prosecute at the same time a bankrupt for the  remainder at law atkins but this case be quite different for here be two  remedy and different right atkins er p and I shall apprehend he may even have  do it if the debt have be both in his own right the present be the strong  instance that can happen the debt of pound be secure to the wife by a  judgement before marriage and will survive to her if the husband shall die  before her suppose one debt have be due to Mr Gary by bind and another upon a  account current and he have bring a bill here for the account and a action at  law upon the bind these be two distinct thing and therefore the court will let  he go on both in law and equity if indeed he be to bring a bill in equity for  a account current and a action at law for a particular item in that account  the court will in that case oblige the plaintiff to make a election in case of  bankruptcy the court may determine in a summary way and exercise a  discretionary power but notwithstanding this they govern themselves by way of  analogy to the usual and ordinary proceed in the court of chancery and as the  same rule will hold in the point of election if Mr Gary be carry on a suit by  bill here for one demand and by action at law for the other I be of opinion in  this case likewise he ought not to be restrain from his double remedy and  therefore the petition must be dismiss