Perham

The plaintiff Susie W. Perham brought this action against the defendant First National Bank of La Verne to recover the sum of $7,000, which she claims was deposited by her with said bank to be loaned for her benefit.

The case was tried by the court sitting without a jury, and judgment was entered in favor of the defendant First National Bank of La Verne. From this judgment plaintiff prosecutes this appeal.

The complaint is in form a simple action for money had and received, and so denominated by the plaintiff and alleges: “That on the 24th day of June, 1922 . . . the defendant received from the plaintiff the sum of $7,000.00, for the use and benefit of said plaintiff . . . and that plaintiff has not received anything of value from defendant, and that the said $7,000.00, or any part thereof, has not' been repaid to this plaintiff, except that on the 24th of September, 1923, defendant credited plaintiff’s account with said bank with the sum of $135.00, and on the 24th of December, 1922, defendant also credited plaintiff’s account with the sum of $135.00, which plaintiff assumes, and alleges, to have been interest accruing on said $7,000.00, but that no other sum, either on account…