Young

The complaint alleges that at the time of the transactions set forth defendants were commission merchants, and were in.the employ of La Sociedad Anónima de Hilados y Tejides de Caniel, Lda, a corporation (plaintiff’s assignor), as its agents; that plaintiff’s assignor deposited with its said agents certain moneys, to be paid out on its order; that said agents expended a portion of these funds on said assignor’s account; and that the money claimed by plaintiff is a balance remaining in the agents’ hands after such expenditures had been made; which balance plaintiff alleges the defendants refuse to pay over. Upon the issues framed by the pleadings judgment was entered for plaintiff, from which judgment this appeal is prosecuted.

1. Appellant claims that there is no finding on the issue of the assignment of the claim to the plaintiff. There is no special finding on the subject, but it is covered by the following general finding: “That all of the allegations of plaintiff’s complaint and answer to the affirmative allegations of defendants’ answer and cross-complaint are true.” The part of this finding relating to the allegations of the answer is open to criticism for uncertainty; but…