The opinion
Temple, J., concurring.
I concur, but I do not think it can properly be said that the judgment is against the defendant as assignee. Defendant could not commit the trespass as assignee, and the recital in the judgment as to his character is simply surplusage. He is properly held personally liable, and it is not of consequence in this case whether he can be reimbursed from the insolvent’s estate or not.
Henshaw, J., concurred.