
    JOHN McDONNELL and another, Respondents, v. WALTER BAUENDAHL and others, Appellants.
    
      Assignment by bankrupt—effect of.
    
    One Lee, after he had been declared a bankrupt, assigned to the plaintiffs the claim against the defendants upon which this action was brought; no assignee in bankruptcy was ever appointed, and the proceedings were subsequently discontinued. Held, that the assignment was valid.
    Appeal from a judgment in favor of the plaintiffs, entered upon the report of a referee.
    
      I. S. & C. H. Smith, for the appellants.
    
      F. Fish, for the respondents.
   Opinion by

Learned, P. J.

Present — Learned, P. J., Boardman and James, JJ.

Judgment affirmed.  