Rothschild

This is an action for conversion brought by plaintiff against defendant for a certain stock of goods and merchandise which defendant had seized by writ of attachment as sheriff of Riverside county in the suit entitled J. A. Simms versus E. M. Stanton. The defendant justified under his writ. Plaintiff claims ownership of the goods at the time of their seizure. The cause was tried by the court, and it rendered judgment for defendant. Plaintiff moved for a new trial, which was denied, and this appeal is from the order denying the motion.

The testimony tended to show the following facts:

The said Stanton, in 1893, was engaged in the jewelry business at Riverside. He made a proposition to cer *672 tain San Francisco creditors by letter, dated December 10, 1893, as to his financial situation, the result of which was that these creditors assigned their claims to plaintiff and empowered him, as they testify, to purchase the stock of goods held by Stanton and receipt the several claims so assigned—“ the goods to be taken in full of the creditor’s claims.”

This letter becomes important in the decision of the case and should be at least partly given.

Stanton enclosed a statement of his…