I concur in the judgment in this case, upon the ground that the appellant cannot maintain this action on a contract which has been adjudged to be void, by a judgment to which the appellant’s assignor and the respondent were parties, and which is conclusive upon both. The appellant, of course, took no greater right than his assignor. But some things are said in the opinion of the court to which I am not prepared to assent.
By the Court. — Order affirmed.