Leckie v. Locke

DORAN, Acting P. J. The present action sought to recover from the defendants, husband and wife, a total sum of $2,-401.24. The first cause of action was based upon the theory of a constructive trust; a second count was for money had and received. Defendants answered by way of a general denial. The trial court found in favor of the plaintiff in the amount of $1,000 and entered judgment accordingly.

It appears from the record that, at the age of 16 years, plaintiff left the Children’s Baptist Home located at Inglewood, California, and for a period of some 16 months resided with a family by the name of Nix at Hermosa Beach. According to the testimony of Mrs. Nix, whose name had become Mrs. Bigger at the time of trial, plaintiff “was there as a child in the home”; attended school, “on occasions helped me with the housework,” but was not working for pay or for a place to live. During this period plaintiff’s sister Faye was living with the defendants’ family and in October, 1943, plaintiff also took up residence at the Locke home. The defendants were not related to the plaintiff in any way. While with the defendants, plaintiff graduated from high school in 1944, and in the fall of that year secured outside employment, continuing to live at the defendants’ home.

The definite arrangement as to plaintiff’s residence with the defendants, and in reference to plaintiff’s earnings, is a matter concerning which the evidence is in conflict. According to the defendants’ testimony and the theory of appellants’ brief, the plaintiff originally came to the Locke home “as one of the family”; defendants at all times stood in loco parentis to the plaintiff; any money earned by plaintiff and turned over to defendants merely went into a general family fund used for living expenses and the like, resulting in no liability to the plaintiff.

On the other hand, plaintiff testified that “when I started to begin to work I wanted definitely to go to school and that [484]was a definite understanding that as far as I am concerned that the money was to be saved for my schooling.” There was also evidence that some 18 of plaintiff’s wage checks were indorsed over to the defendant Elizabeth Locke, totaling $468.18; that other wage checks in the amount of $1,062.24 were indorsed and cashed by the plaintiff. Plaintiff testified to paying doctor bills and other personal expenses and to purchasing groceries and other necessaries for the family with proceeds of these checks; that the balance remaining was turned over to and retained by Mrs. Locke.