¶11. An assignee for the benefit of creditors may sue, in his representative character, in all cases where the money, when recovered, would be assets.
¶22. 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.
¶3Judgment affirmed.