
    CITY COURT OF BROOKLYN — GENERAL TERM,
    JUNE, 1894.
    Francis J. Moissen, Respondent, v. Henry Huffman Browne, as Receiver, Appellant.
    Appeal from judgment in favor of plaintiff.
    Bertrand Clover leased certain premises to one Bernhard Levin, and thereafter assigned to plaintiff the rents of said premises and others to secure an indebtedness to him for legal services upon a defeasance providing that after payment of the expenses of collection of the rents, the amount due plaintiff and repairs, taxes and mortgage interest, the balance should be returned to said Clover. This action was commenced against said Levin to recover certain installments of rent, and the defendant, as receiver of Clover, appointed in supplementary proceedings, was interpleaded, and alleged as a defense that the transfer to plaintiff was fraudulent as to creditors.
    
      George B. Boyd, for appellant.
    
      F. J. Moissen, respondent, in person.
   Per Curiam.

The only points before us are the exception to the conclusion of law, and the exceptions to the refusal to find conclusions of law as requested by defendant. Valentine v. Austin, 124 N. Y. 400, 404. There is no finding of fact that there was any fraudulent intent on the part of the respondent, and there is no finding as to the amount due to him at the time of the transfer by the judgment debtor. We think that the conclusion of law must he sustained on the ground that it follows from the findings of fact. If there was no fraudulent intent on the part of plaintiff, the assignment was good for services already rendered, and probably for such services as were definitely agreed to at the time of the delivery of the assignment. Swift v. Hart, 35 Hun, 128; Remington v. O'Dougherty, 36 id. 79.

The judgment should be affirmed, with costs.

Present: Clement, Ch. J., and Osborne, J.

Judgment affirmed, with costs.  