Rued

The plaintiff is the assignee in insolvency of C. A. Macomber. The defendants were formerly copartners as Stauf & Cooper, stockbrokers engaged in buying and selling shares of stock in mining and other corporations. This action was brought to recover from the defendants a large amount of money advanced by Macomber to the defendants for the purpose of buying, carrying, and selling shares of stock in mining corporations for said Macomber, upon a margin, under a contract for that purpose.

The cause was tried by the court, and written findings were filed and judgment entered for the defendants, and plaintiff appeals from the judgment and from an order denying his motion for a new trial.

The court found the agreement to have been made as alleged, and that pursuant thereto, between January 21, 1887, and August 19, 1887, the defendants bought and sold for Macomber a large number of shares of stock in various mining corporations upon a margin, and that between said dates Macomber advanced *465 •arid paid to defendants under said contract three thousand nine hundred and ninety-three dollars and seventy-nine cents; but the court further found that defendants’ second defense was true, and…