In this case the plaintiff is receiver of the firm of Rothschild & Schwab, and as such he represented, not only the members of that firm, but also all the creditors. The case is therefore precisely within the principle established in the case of Bank *903v. Goddard, 131 N. Y. 494, 30 N. E. 566, and must be controlled by the rules laid down in that case.
The order should be affirmed, with $10 costs and disbursements.