Towey

Respondent C. J. Towey, as assignee of Southwest Commission Company, brought this action against Henry Esser and two fictitious parties, to recover the sum of $6,573 claimed to be due for money had and received, money loaned to and expended on behalf of defendants, and on an account stated; and pursuant thereto caused to be attached in the hands of W. H. Goodno, doing business under the name of Pacific Live Stock & Commission Co., the sum of $4,061.66; whereupon appellant Santa Margarita Land and Cattle Company, claiming title to the money so attached, and by leave of court first had and obtained, filed a complaint in intervention to recover said money. Esser defaulted in the original action, and the cause went to trial on the issues raised by the allegations of the complaint in intervention and the answer thereto filed by Towey. It was heard and determined by the court, a trial by jury having been expressly waived, and judgment was entered awarding the money to Towey, from which the land and cattle company has appealed.

The controversy grows out of the following undisputed facts: The Santa Margarita Land and Cattle Company owns a large ranch near Santa Margarita, in San Luis…