We see no error in the charge given. The agreement proposed by Dreyfus was not executed. The defendant acquired no right against Dreyfus, nor did the latter'obtain any against the plaintiffs. The defendant’s consent, under the supposition of the charge, was not necessary to a credit of the payment received by him on the mortgage debt. If he had a superior claim to appropriate the payment to his other debt he ought to have propounded it.

The judgment is affirmed.