Breeze

The plaintiff instituted this action for the purpose of recovering from the defendants the sum of three thousand two hundred and fifty dollars, together with interest from the fourth day of April, 1907.

The trial court gave the plaintiff judgment in the sum of $3,741.26 against the defendant, Robbins, but rendered judgment in favor of the bank.

This appeal is prosecuted by the plaintiff on the judgment-roll alone from that part of the judgment which was rendered and entered in favor of the bank.

The gist of the complaint, in brief and in substance, is that the defendants jointly entered into a fraudulent scheme whereby Robbins was enabled to and did defraud the plaintiff out of his share of a certain sum of money which was paid to the bank and Robbins upon a certain order executed in favor of and delivered to the plaintiff and Robbins as copartners, the details of which transaction to be hereinafter more particularly set out.

The allegations of the complaint are met by denials by the defendants, they having filed separate answers.

The ultimate question submitted by this appeal is whether the judgment in favor of the defendant bank is supported by the findings. The specific…