Agoure

The action is one brought by plaintiff against the treasurer of Ventura county, and upon his official bond. Judgment went for plaintiff, from which, and an order denying a new trial, defendants appeal.

The case is this: On the nineteenth day of March, 1907, an action was pending in the superior court of Ventura county, wherein Joseph F. Lewis was plaintiff and Pierre Agoure was defendant. On said date plaintiff in said action tendered to Agoure the sum of $1,000, conceded to be due him on account of the cancellation of a lease involved in said action, which sum Agoure refused to accept; and thereupon Lewis deposited with a banking company in Ventura $1,000 and the bank issued a certificate' of deposit for such sum, payable to the county clerk upon return of the certificate duly and properly indorsed. This certificate, of deposit was delivered to the county clerk, who receipted for the same as money deposited in the ease of Lewis v. Agoure, and who had the same in his hands on the third day of April, 1907, at which date the action pending was finally heard and determined by the superior court of Ventura county, in which action the trial court found: “That the said plaintiff has…