Appeal from the District Court of the Twelfth Judicial District.

The plaintiffs, composing the firm of Goodwin & Co., brought this action against D. Scannell, Sheriff of San Francisco County, and R. ■Fisk and 0. Gibson, composing the firm of Fisk & Co., for damages for the conversion of forty half barrels of pork. The facts established by the record are as follows : Fisk& Co., doing business as warehousemen

in the city of San Francisco, gave to Parrott & Co. the following receipt:

“ San Francisco, Nov. 9, 1855.

“ Received, on storage for Messrs. Parrott & Co., forty half barrels of clear pork, marked-.

“Fisk & Co.”

This receipt was endorsed by Parrott & Co. to Bragg, Rollinson & Co., and was by them endorsed to the plaintiffs. Rollinson testified that Parrott & Go. held the pork as security for advances made by them to one Shiverick; that Rollinson paid Shiverick the money due Parrott & Co., whereupon the former procured Parrott & Co/s endorsement to Rollinson, who then bought the pork of Shiverick, taking the endorsed receipt for the pork, which he then presented to Fisk & Co., who de-

dined delivering the pork till they saw Shiveriek. Rollinson then sold the pork to the plaintiffs, endorsing the receipt in the name of his firm, as he had received it. Fisk & Co. subsequently commenced suit against Shiveriek and attached the pork, which was taken away by the sheriff, under their directions. For the defence it was proved that there was other pork, having the same mark or brand, in the store of Fisk & Co., though whether it belonged to Shiveriek or not, does not appear.

The case was tried before the Court below, sitting as a jury. Judgment was entered in favor of the defendant, Seannell, and against the defendants, Fisk and Gibson, for the value of the pork. The latter moved for a new trial, which being denied, they appealed.