The note substituted was made by a partner competent to make and deliver it. It does not appear that the substitution was not authorized by the other copartners or sanctioned by them. It was delivered to the plaintiff before the institution of proceedings in insolvency. It was accepted by him. He offered it for proof, and now claims to recover it, thus asserting his title to it. Under such circumstances, the assignees have no right to avoid it. New trial granted.