(1) The defendant pleads the pendency of an action against him in Massachusetts for the same cause upon which this action is based. The mere pendency of a suit in one State cannot be pleaded in abatement or in bar of a second action in another State between the same parties for the same cause of action. Black. Judg. § 865 and cases cited; Stanton v. Embry, 93 U. S. 548; Allen v. Watt, 69 Ill. 655 ; *281 Cole v. Flitcraft, 47 Md. 312; Paine v. Schenectady Co., 11 R. I. 411.

Plaintiff’s demurrer to plea of Us penclens sustained.