
    (First Circuit—Hamilton Co., O., Circ’t Court
    Jan. Term, 1900.)
    Before Smith, Swing and Giffen, JJ.
    CHARLES EDGAR BROWN, Assignee, v. JOHN A. LARKIN and Others.
    
      Assignee may sue where suit in interest of estate — Fidieiary character must appear in petition—
    
      Geo. W. Harding, for Plaintiff in Error.
    
      Mortimer Matthews, contra.
   BY THE COURT.

1. An assignee for the benefit of creditors may sue, in his representative character, in all oases where the money, when recovered, would be assets.

2. A plaintiff’s fiduciary capacity is not shown by the descriptive words “assignee of”, unless preceded by the word “as” or unless there is a proper averment of such capacity in the bill of particulars, and if not so shown, he can not perfect an appeal without bond.

Judgment affirmed.  