(concurring.) The plaintiff derived no farther benefit from the assigned estate than a proportionate payment of his indebtedness against the assignee, and to that extent credit was finally given in the action to the defendant. That was all that the latter had any jnst ground to claim through the sale and disposition of the assigned property. It is agreed, accordingly, that the judgment should be affirmed.
Van Brunt, P. J., concurring.