Mathieson

Plaintiff súed upon a rejected claim for money had and received. The cause was tried without a jury and plaintiff had judgment from which defendant has appealed on typewritten transcripts.

Plaintiff’s former husband, Captain Mathieson, died May 17, 1919. He was then a member in good standing of the San Francisco Bar Pilots Benevolent Association and had paid for such membership the sum of $3,500. On July 18, 1919, Captain Heally purchased Captain Mathieson’s membership by paying to the association a like sum of $3,500. On July 20, 1919, Captain John W. Wallace, who was the secretary and general manager of the association, drew from the funds of the association the sum of $3,500 belonging to the widow of Captain Mathieson and deposited that sum to his own account. From that date until the day of his death on July 20, 1929, Captain Wallace, by both oral and written word, fraudulently concealed this fact from plaintiff, assured her that the sum was held for her by the association, falsely informed her that it could not be paid because of litigation, urged her to trust implicitly in him for the earliest possible settlement, and, to further deceive her and keep her from approaching…