Nishi

This action was brought by plaintiff to recover the sum of $3,000 alleged to have been had and received by defendants for the use and benefit of plaintiff. Motion for nonsuit was granted as to defendant Nakamura. At the time of trial, by a pleading called a “supplementary answer”, Inoguchi not only admitted that he was indebted to plaintiff in the sum for which the action was brought, but as well consented that judgment be so entered against him. A like judgment was also rendered in favor of plaintiff and against defendant Reames. The evidence showed that Inoguchi received the sum of $3,000 from the plaintiff, to he used as bail for a Japanese named Fukasaka, but that instead of depositing the cash hail, Inoguchi procured a bond from a bond company for such purpose and thereafter ap propriated to his own use the money entrusted to him by plaintiff.

As tending to establish the liability of defendant Reames, plaintiff introduced in evidence g certain letter purportedly signed by Reames, but regarding which Reames testified that although he dictated the letter he never signed the same, nor authorized his signature to be attached thereto, but, to the contrary, that the letter “was…