Leroy

Belle Vista Investment Company, a corporation, sometimes known as Bella Vista Investment Company, has appealed from the judgment in each of three cases which were consolidated for the purpose of trial.

In the ease of Leroy v. Bella Vista Investment Company (No. 26635), three causes of action were stated. In the first, recovery on a check for $6,611.32 was sought. In the second cause of action it was alleged that the defendant corporation had received the sum of $6,611.32 for the use and benefit of the plaintiff. The third cause of action was based upon an asserted obligation of the defendant corporation to Charles Shapiro for money had and received in the amount of $6,611.32, which chose in action had been assigned by Shapiro to the plaintiff. Pertinent findings of fact were in substance as follows: 1. On or about September 12, 1959, the defendant Bella Vista Investment Company made and delivered to the plaintiff Leroy, for a valuable consideration, a check for $6,611.32, dated September 12, 1959, and payable to Chas. Shapiro, which was endorsed by Shapiro in favor of Leroy. On September 12, 1959, Charles Shapiro was the president and general manager of the defendant corporation,…