Kelly

Action to recover from the defendant for certain legal services rendered it by Charles Gr. Nagle, and assigned to the plaintiff. The cause was tried by a jury and a verdict rendered in favor of the plaintiff for $600. A motion for a new trial was denied, and the defendant has appealed. It is not controverted that Mr. Nagle rendered the services,, nor does the- appellant question their value, but contends that the evidence was insufficient to show that Mr. Nagle was employed by the defendant, and that the services which he did render were not rendered to the defendant, but to another corporation.

1. The defendant was organized as a benevolent corporation in 1892 for the purpose of aiding and assisting Chinese persons in California who may be indigent or needy through sickness or any other, cause. As: a. part of these functions, it interested itself in the removal from California of the Chinese dead, for burial in China, and for that purpose had obtained from the supervisors of San Francisco the right to bury these dead Chinese in the city cemetery. In 1897 the discontinuance of burials in San Francisco was bruited, and the defendant became desirous of acquiring a burial place in…