Fitzgerald

This is an appeal by the defendant from á judgment in favor of the plaintiff in the sum of $469.17.

The plaintiff is the trustee of the bankrupt estate of one Sam Brice. The defendant is the sheriff of the county of Kern.

On September 8, 1926, in an action wherein the Bakersfield Market, Inc., was the plaintiff and one Sam Brice was the defendant, said sheriff attached the French Cafe in Bakersfield belonging to said Brice. At the instance of the plaintiff in said action, one Andrews was placed in charge of said cafe as a keeper and continued to operate the restaurant business under the direction of the attaching creditor. The sheriff failed to take any inventory of the property attached as aforesaid, and so far as the record discloses, took no further interest in the property. It appears from the evidence of a deputy sheriff that the Bakersfield Market, Inc., entered into an agreement with the sheriff to indemnify him for any loss which he might incur by reason of his allowing the receiver to continue the business of the French Cafe. On September 18, 1926, said Brice was adjudicated a voluntary bankrupt by the District Court of the United States for the Southern District of…