Tuller

This appeal is from an order refusing to dissolve an attachment. Plaintiff is assignee of claims due two Chicago firms from whom defendants had purchased goods. The motion was based upon affidavits made by each defendant to the effect that the goods were purchased in Chicago, and were to be paid for at Chicago thirty days after the date of the invoices.

The affidavit of defendant Louis E. Arnold states that neither of said firms, assignors of plaintiff, have agencies or branch houses at San Francisco; that he personally purchased the goods at Chicago, and ordered them shipped to San Francisco; that they were to be paid for at Chicago, thirty days after the date of invoice, and the bills were not to be payable at San Francisco; that upon the invoice of E. W. Blatchford & Co., one of the assignors, was printed the words, “ All bills payable in Chicago. Remit in par funds. No allowance can be made for exchange or express charges ”; and on the other invoice, from the L. Wolff Manufacturing Company, the words, “ Payable with exchange on Chicago or New York.”

The invoices themselves were read at the hearing, and corroborated the affidavit in this respect.

Opposed to these was the…