Foley

Action to foreclose the lien of a street assess*» ment.

*517 The contract was awarded to Warren and Mal ley, who on December 26, 1889, assigned the same to Foley and Keenan, by whom the work was performed. The warrant and assessment were issued to Warren and Halley December 23, 1890, and delivered to Foley and Keenan. Foley and Keenan had assigned the contract to Lang and Buggies June 2, 1890, as security for a loan of money then obtained from them, with which to complete the contract. The demand was made on the 24th of December, 1890, by John T. Foley, the son of the plaintiff, who in his return states that he “is the manager for Foley and Keenan, assigns for original contractors named in the assessment and warrant, and that with and by virtue thereof as such manager, he went upon the lot of land described in the complaint, and while thereon publicly demanded payment” of the amount assessed to said lot. At the trial he testified that at the time of the demand he had the assessment, warrant, and diagram with him, and had received them from Lang and Buggies for that purpose.

It is objected by the appellant that, as at the time of the demand, the contract had been assigned to Lang…