Citations
- 63 Cal. App. 149
Full opinion text
HART, J.
This action was commenced by the plaintiff to recover from the defendant bank the sum of $4,000, which had been deposited with and in said bank by one Ernest Green, and which, it is alleged, was deposited as a trust fund for a special purpose and which, it is further alleged, Avas wrongfully, or without authority from said Green, appropriated by the defendant to the extinguishment of a personal indebtedness due it from Green.
The plaintiff was given judgment in the sum of $3,024.81, and from said judgment the defendant appeals.
The defendant moved for a new trial and also moved that the judgment be vacated and in lieu thereof judgment upon the findings be entered in its favor. The first-mentioned motion was made upon the ground that the evidence was insufficient to justify and support the findings, and the latter motion upon the ground that the conclusions of law “are erroneous, not consistent with, and not supported by, the findings.” Both motions were .denied.
The case was tried upon an agreed statement of facts, except as to the question whether the defendant had knowledge, at the time the money sued for was appropriated as above indicated, of the alleged “trust character” of said deposit, and as to this question, oral testimony was taken.
The court’s findings of fact folloAv the facts as stipulated by the parties, there being added, however, a finding based upon the testimony of a witness as to the knowledge of the defendant as to the character of the deposit in dispute.
The facts as agreed upon by the parties, and which, it was stipulated, might, as far as they go, stand as the findings of the court, are as follows:
“II. That on the nineteenth day of November, 1919, Ernest Green entered into a contract with C. M. Maze, W. C. Shackelford, and W.