Submitted March 24, 1924 — Decided May 19, 1924. Where defendant paid to plaintiff certain promissory notes in settlement of an account, which were duly paid at maturity, and defendant alleged an agreement by plaintiff to pay the sums represented by such notes to it, such a situation creates no basis for a counter-claim, since a voluntary payment cannot be made the basis either for a counter-claim or for an original cause of action. On appeal from the Supreme Court. For the respondent, McCarter English