Coston

New York Cloak & Suit House v. Coston

Good Law
1928 Cal. App. LEXIS 363·94 Cal. App. 94·270 P. 695
Court of Appeal of CaliforniaSeptember 21, 1928Docket No. 3562.California575 words

Opinion

Lead Opinion

Finch, J.

The court found that the defendant was indebted to the plaintiff in the sum of $600, with interest thereon, for money loaned to him by the plaintiff, and in the further sum of $1,498, and interest thereon, on account of moneys collected by him for the plaintiff and which he failed to deliver to the plaintiff. Judgment was entered accordingly and the defendant has appealed.

The evidence fully supports these findings and the appellant makes no contention to the contrary. The defendant was an employee of the plaintiff and, among other things, it was his duty to deliver merchandise to purchasers and collect the price thereof. He signed a written statement reading in part as follows:

Appellant first contends that the court erred in allowing interest on the money loaned to him and that embezzled by him on the ground that “neither of the accounts were stated.” The court found the amounts and dates of the several loans and, nothing to the contrary appearing, it is presumed that the loans were made upon interest. (Civ. Code, sec. 1914. The court also found the amount of each, embezzlement and the date thereof. The plaintiff is entitled to interest on each such amount from the date of its…

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