Carlin
Carlin v. Masten
Opinion
Lead Opinion
Plummer, J.
The interveners in this action had judgment, from which judgment the plaintiff appeals.
The action was begun by the plaintiff against C. E. Hasten and James A. Long, doing business as copartners, to recover the sum of $732.57 alleged to be due from said defendants to the plaintiff. Following the filing of the complaint a writ of attachment was issued under and by virtue of which the sum of $558.59, theretofore deposited by C. E. Hasten in the Savings Bank of Sutter County, was garnisheed by service of said writ and notice upon said bank. The interveners thereupon filed a third party claim with the sheriff of Sutter County, and also filed a petition in intervention in this action, setting forth that the sum mentioned was money collected by C. E. Hasten on account of insurance policies issued by the interveners.
The testimony shows, and the court found, that C. E. Hasten was the agent of all of the interveners, acting severally and not jointly, and that the money on deposit in the bank was solely and exclusively money which he had collected for and on account of the insurance policies, as aforesaid, and which money belonged to the interveners.