Leist

Appeal from a judgment against the defendants for the value of certain personal property sold and delivered to them.

March 2, 1902, F. Siebrecht was the proprietor of, and engaged in conducting the business of a restaurant and bakery in San Francisco, and was also the owner of a leasehold interest in the premises upon which the business was being conducted. He was at that time heavily indebted, and a few days before had made an assignment to the plaintiff Deist of the restaurant and the propery connected therewith, and also an assignment to him of the said leasehold interest. These assignments were made merely by way of security for his creditors, and he. continued to remain in the possession of the property and to carry on the business thereof. Deist thereafter, acting in behalf of his creditors and with his approval, had certain negotiations with the defendants herein for the sale to them o£ the said business, together with its goodwill and the said leasehold interest. While these negotiations were going on all of the parties thereto became anxious lest the creditors of Siebrecht should levy an attachment upon the property and prevent its sale to the defendants, and on March 2d…