McKinley

Plaintiff began this action to obtain a judgment against the defendant Lee E. Smith for the recovery of $650. After the action was begun the Fidelity and Deposit Company of Maryland, a corporation, was allowed to intervene. Judgment went for the defendant and intervener and the plaintiff appeals.

The record shows that on or about the sixth day of February, 1931, the Modesto branch of the American Trust Company, a banking institution, was held up and robbed of the sum of $1548. The man robbing the bank passed .across the counter to the teller a check upon the back of which was written a demand for all the money in sight, and at the same time presenting a gun to enforce his orders. After obtaining the money this person ran out of the bank, stopped an automobile and commanded the driver thereof to step on the gas and speed away. About two weeks later Russell Hill was apprehended in St. Joseph, Missouri, and at the time of his apprehension had upon his person between $600 and $700 in currency. This money was taken from the person of Russell Hill by the police officers making the arrest at St. Joseph, Missouri, and by them delivered into the possession of Lee B. Smith, the chief of…