
    Andrew W. Billings v. Smith O’Brien.
    
      (Decided in May, 1873.)
    Defendant, a public officer, verbally assigned a share of his pay to accrue for a certain month (more than fifty dollars) to plaintiff, but subsequently collected the whole, and only paid over to plaintiff a part of the share he had assigned.
    In an action by plaintiff against defendant for the conversion of money received in a fiduciary capacity, Held,
    
    1. That the sale was void under the statute of frauds.
    2. That were it otherwise, as the assignment was only of a share, it would convey to plaintiff only a joint interest, which would give him a right to share pro rata in the moneys received by defendant, but would not entitle him to maintain an action for conversion.
    The sale by a public officer of his salary, as such, before it is earned, is void as against public policy.
    Reported in full in 14 Abb. Pr. U. S. 238; s. c. 45 How. Pr. 392.
    Appeal by defendant from a judgment of the Third District Court.
    
      George F. and J. C. Julius Langbein, for appellant.
    
      Samuel Jones and Howard Ellis, for respondent.
   Opinion of the court by Eobinson, J.

Judgment reversed. 
      
       Present Daly, Oh. J., Robinson and Larrehobe, JJ.
     