Carpy

Judgment went for plaintiff in the court below, and defendants appeal from an order denying their motion for a new trial.

The action is to foreclose two certain chattel mortgages executed by the appellants, Dowdell & Son, to the Bank of St. Helena upon certain wine, to secure two promissory notes given by said appellants to said bank, which were assigned to respondent immediately before the commencement of this action. The notes were overdue when assigned to respondent, and he then knew the facts upon which the defense in this case rests; and it is not seriously contended that he does not stand in the shoes of the bank. If the bank could not have maintained this action, then it cannot be maintained by respondent.

The wine was stored in cellars in the town of St. Helena, in Hapa county. On April 8, 1895, appellants had negotiations at St. Helena with George F. Chevalier, a wine merchant of San Francisco (doing business under the name of F. Chevalier & Co.), for the sale to him of a large part of said wine. He kuew that the wine was mortgaged to the bank, and during the day had a conversation at the bank, with its cashier, about the contemplated purchase. About 7 or 8 o’clock in…