Northrop v. Knott

Haynes, C. This action was brought to recover from the defendant seven hundred and twenty dollars and thirty-seven cents. The complaint contained two counts; the first for money loaned, and the second was for the same amount alleged to have been deposited with the defendant for safekeeping, to be repaid upon demand.

The answer to the first count denied that he borrowed the said or any sum of money from plaintiff’s intestate, or that he was indebted to said estate for any sum whatever; and, in answer to the second count, the defendant denied that plaintiff’s intestate, or anyone for him, deposited with or delivered to defendant for safekeeping, or for any purpose whatever, or at all, said or any sum of money whatever, and also denied the alleged indebtedness.

[614]The cause was tried by the court without a jury, and the findings were to the effect that the money in question was deposited with the defendant for safe keeping, to be returned upon demand; that plaintiff demanded it, and that defendant failed and refused to repay the same, or any part of it, and that the whole sum remained unpaid.

Some exceptions were taken by the defendant to rulings upon the admission of evidence, and it is also contended that the findings are not justified by the evidence.

The plaintiff testified in substance that on December 13, 1892, he met the defendant and told him that he was administrator, and asked him to deliver the effects of Thompson, alias Peterson, to him. “I told him I had a statement calling for money. He said he had [had?] money on deposit there of Thompson’s, but he did not have any then; that he could explain in regard to the money, and what became of it, but he did not do so. He said he used some of Peterson’s money to loan,, and was to have one-half the interest. He did not pay me any money. I told him I had a statement—-a document—I could not describe the document—calling for so much money.”

Two notes delivered to the plaintiff by defendant, were shown to the witness and identified by him. The first was a note made by M. J. Noee October 31, 1891,. at one year, for the sum of one hundred and sixty-eight dollars. The second note was made by W. P. Sutton June 15, 1892, at eighteen months, for two hundred and fifty dollars. The witness further testified that defendant told him these notes belonged to Peterson. A receipt which was received in evidence against defendant’s objection, is as follows: