Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event, for the reason that the sole finding that defendant Paseale took the assignment of the bond and mortgage in good faith is not sufficient to defeat the action without proof of acts or omissions on the part of the plaintiff constituting estoppel. Kelly, P. J., Rich, Jaycox, Maiming and Kapper, JJ., concur.