Peters

In an action in which the plaintiff sought to recover the sum of $5,200.93 from the defendant, judgment was entered for the defendant. The plaintiff has appealed from the judgment.

The findings of fact are in part as follows: 1. On October 4, 1957, the plaintiff did not deposit or cause to be deposited in a savings and loan association in Pasadena in the name of the defendant the sum of $5,200.93, the property of the plaintiff, to be held in trust for the use and benefit of the plaintiff. 2. On or about August 4, 1957, the defendant deposited $5,200.93 with that association. 3. On the date last mentioned, the defendant was a citizen of Greece residing in the United States pursuant to a student visa. He had married a citizen of the United States. He desired to go to Canada and then reenter the United States on a basis of entry other than that of a student. The plaintiff made a gift to the defendant of $5,200 so that he could show the immigration authorities that he had financial responsibility sufficient to permit such reentry. 4. There was no understanding between the parties that the defendant would at any time refund to the plaintiff the sum of $5,200.93. 5. The defendant is…