Brown v. Larkin

1. An assignee for the benefit of creditors may sue, in his representative character, in all cases where the money, when recovered, would be assets.

2. A plaintiff’s fiduciary capacity is not shown by the descriptive words “ assignee of” unless preceded by the word “ as ” or unless there is a proper averment of such capacity in the bill of particulars, and if not so shown he can not perfect an appeal without bond.

Judgment affirmed.