Ehrman

This action is in form for money had and received. Judgment passed for plaintiffs, and from that judgment and from the order denying a new trial defendants appeal. The facts, concerning which there is little or no dispute, are as follows:

Plaintiffs were partners engaged in the wholesale grocery business in the city and county of San Francisco. Defendants were partners engaged in the *493 wholesale boot and shoe business in the same place. In the month of August, 1883, J. Rosenstein, a merchant engaged in business in Idaho, came to San Francisco to purchase a stock of merchandise. He held the promissory note of one Dodge for $2,000. This note by its terms was payable in October, 1884. Upon his visit to San Francisco Rosenstein did not have the note in his personal custody; he had left it in Idaho. Rosenstein called upon the defendants, and engaged with them for the purchase of a bill of goods. At the same time Rosenstein designed to purchase goods of plaintiffs. It was proposed that Rosenstein should buy goods of plaintiffs and defendants and deliver to defendants the Dodge note. Defendants agreed with Rosenstein to receive the Dodge note, discount it immediately, and pay $1,000…