Zeigler

This is an appeal from a judgment in favor of the plaintiff against the defendant. The transaction between the parties occurred at the time the defendant and S. C. Lewis were in New York where they had gone for the purpose of listing the preferred stock of the Julian Petroleum Corporation on the New York Stock Exchange. The plaintiff’s theory of the ease at the trial was that the “defendant procured from the respondent $10,000 under a promise that he was going to let him in on a big deal; that he was going to make a lot of money for him in a few days and would guarantee that he wouldn’t lose any of the $10,000. The word ‘guarantee’ as used by the defendant-appellant was used not in the legal sense, but in the sense of common usage frequently considered. . . . Respondent’s unequivocal contention is that no stock was at any time in fact purchased, and that appellant pocketed and retained respondent’s $10,000.” The findings of the trial court, while they include many unnecessary facts, make it clear that the defendant had taken $10,000 from the plaintiff for the use and benefit of the plaintiff and that the latter was entitled to its return with interest.

The defendant’s first…