Petrasich

Appellants petitioned for, and were allowed an appeal from an order requiring *66 certain defendants to interplead, and litigate their rights to $1,020.37 paid into court.

One Salazar, a citizen of the Republic of Mexico, prior to June, 1933, conducted in San Diego, California, a business of importing lobsters and fish from Mexico and selling such products among the wholesale fish dealers. Salazar in June, 1933;, having been advised that he had been indicted for violation of the revenue laws, fled to Mexico, where he has since been a resident, and has continued his business at Ensenada, Mexico, since that time. Salazar, has since June, 1933, employed his brother-in-law, Parades, as a common laborer in his business at Ensenada.

Petrasich and Kuglis were partners doing business as “Star Fisheries”. Pursuant to a contract entered into by the partners and Salazar, there had been delivered to the partners certain lobsters. Credit Bureau of San Diego, Inc., a California corporation hereinafter called the Credit Bureau, conducts a collection agency. On February 27, 1936, the' Credit Bureau, “as assignor” of Parades, brought ah action against the partners to recover the purchase price…