Steineck

This is a suit to recover money which appellant contends had been attached while in the possession of a garnishee, respondent herein. The cause was submitted to the trial court upon a written stipulation of facts.

One Simon, prior to March, 1924, was the owner of a certain grocery store, stock and fixtures. On February 28, 1924, he sold the store to E. L. Simmons and gave the customary notice of sale. Between February 28th and March 10th of the same year respondent received $2,500 in trust to pay creditors of Simon, as the purchase price of said groceries and fixtures. On March 5, 1924, respondent was notified by the attorney for N. Diamantes, appellant’s assignor and original owner of the claim sued upon, that there was due and owing from Simon to Diamantes $500 for labor. On March 10th, respondent received instructions from Simon to disburse the money held by it to creditors other than N. Diamantes. On March 20, 1924, appellant, as assignee of Diamantes, brought suit against Simon upon the identical claim upon which demand had theretofore been made. On March 21st an attachment was issued out of the Superior Court and was served upon respondent the same day, whereupon the latter…

I concur. The agreed statement of facts recites that the fund was held in trust. That being so, the attaching creditor secured no superior rights.

Craig, Acting, P. J., concurred.

A petition for a rehearing of this cause was denied by the District Court of Appeal on July 2, 1930.