This case is governed by the ease of Bank v. McLoon, 73 Maine, 498. The judge who heard the evidence decided, as matter of fact, that the principal defendant had assigned a part of his debt against the trustee to the claimant. Precisely that fact existed in the case referred to. Notice of *265the assignment was given to the trustee before his disclosure, which in our practice was seasonable.
Exceptions sustained.
Walton, Virgin, Libbey, Emery and Haskell, JJ., concurred.