Conroy

O. W. Hollenbeck was engaged in the business of banking in Placer county, and on October 31, 1892, the doors of his banking house were closed and payments suspended, he being insolvent. At that time the defendant was indebted to him in the sum of three hundred and twenty-one dollars and eighty cents, for money loaned, and he was indebted to one Mrs. S. J. Dunlap in the sum of three hundred and thirty-nine dollars and ninety-eight cents, for money deposited in his bank by her. On November 1, 1892, Mrs. Dunlap, for a valuable consideration, assigned and transferred in writing her said demand against Hollenbeck to the defendant. On November 10, 1892, Hollenbeck filed in the superior court of Placer county his petition and schedules in voluntary insolvency, and was thereupon adjudged to be an insolvent debtor. Thereafter the plaintiff was duly elected and appointed assignee of the estate of the insolvent, and qualified as such, and the clerk of the court, by an instrument under his hand and the seal of the court, assigned and conveyed to him all the property, real and personal, of the debtor.

*134 The plaintiff, as such assignee, brought this action to recover from the defendant the…