
    Benno Falk, Appellant, v. The R. R. Appleton Co., Respondent.
    Appeal from a judgment in favor of the defendant dismissing the plaintiff’s complaint, with costs.
    Benjamin & Loeser (Wayland E. Benjamin, of counsel), for appellant.
    Chittenden & Fiero, for respondent.
   Per Curiam.

The proof offered of the written assignment was competent, bnt even without that proof there was sufficient evidence in the case of the assignment without regard to the written instrument, and it was for the alleged failure of this proof that the complaint was dismissed. This was error, Which requires that the judgment be reversed.

Present: Eitzsimons, Oh. J., Oonlan and O’Dwyeb, JJ.

Judgment reversed, and new trial ordered, with costs to appellant to abide event.  