2.  By  BankruptcyJ] — In  the  event  of  bankruptcy  one  partner  may
almost  universally  act  for  all  (s) ;  and,  as  between  themselves,  they  are
entitled  to  the  balance  of  account  (/).
A  solvent  partner  is  entitled  to  retain  the  partnership  books  when  the
other  becomes  bankrupt  (u) ;  and  he  may  join  with  the  assignees  of  two
others,  his  bankrupt  partners,  in  maintaining  an  action  for  money  bad  and
received,  to  recover  back  from  a  creditor  the  amount  of  a  bill  of  exchange,
received  by  him  from  the  acceptor,  and  indorsed  by  the  two,  afler  acts  of
bankruptcy,  but  before  the  commission  is6ued(v).
And  where  contracts  are  entered  into  before  the  partnership,  and  in
performance  of  such,  after  the  bankruptcy  of  one  of  the  partners,  money  is
jMid  byoneof  the  others  out  of  his  separate  property,  he  may  sue  for  such
in  his  own  name  (jr).
Where  an  action  of  assumpsit  is  brought  by  several  partners,  the  de-
fendant may  plead  in  bar  the  bankruptcy  of  one  of  them  (y).  But  counts
upon  a  promise  by  the  defendant  and  another,  since  become  a  bankrupt
and  certificated,  may  be  joined  in  an  action  against  the  solvent  partner
alone,  with  counts  on  promises  by  the  defendant  solely,  since  the  other
became  a  bankrupt ;  but  the  defendant  might  plead  the  joint  contract  in
abatement  (z).
