Henrickson

Plaintiff counts upon the instrument following:

*188 And also upon an alleged indebtedness, upon a balance of account due from defendant to one Ah Gue, in the sum of three hundred and fifty dollars, assigned to Chas. P. Goff, and by him, for valuable consideration, to plaintiff.

There was evidence that defendant had received notice of garnishment from the sheriff of Nevada—that any sum due from him to the defendant in the action mentioned in the foregoing writing had been attached, etc. Also of an execution issued in the same action and served upon the defendant herein. There was no evidence that any liability on the part of defendant created by the service of notice of the attachment ■ or by the execution had been released.

There was evidence, therefore, to sustain the finding" of the court that the sum of money mentioned in the note or writing was not due when this action was commenced.

The case does not show any notice to defendant herein of the frauds alleged in the intervention connected with the assignment from Ah Gue to Goff and from the latter to plaintiff. The defendant therefore was justified in dealing with the plaintiff as the owner of the claim of Ah Gue.

(The…