Opinion by

.(.§ 764:. Assignee of non-negotiable instrument may sue in Ms own name. . Our statutes provide that non-negotiable instruments may be assigned, and that the assignee may sue upon them in his own name. [R. S. 266, 267.] .Appellant was assignee of the instrument sued upon, and could maintain a suit upon it in his own name. The court erred in sustaining appellee’s demurrer to the appellant’s petition.

Beversed and remanded.