Where the court voluntarily permits a broker suing for commissions to amend his complaint to show an assignment to him of a claim for commissions by A., it is error to refuse to allow him to amend for the purpose of showing an assignment of a portion of the claim from B., although the fact of such assignment appears in plaintiff's bill of particulars. Schlesinger v. Jud, 70 N. Y. S. 616, 61 App. Div. 453.