We see no error here. It is enough to .say that the defaulting assignee is not shown to be insolvent. We must presume that he is solvent until the contrary is ■shown. Apparently, therefore, the plaintifis have a plain remedy against him. Whether, in case of his insolvency, the sureties could maintain the action, by subrogation or -otherwise, need not now be decided.

Judgment affirmed.