Schneirow

The appeal of this cause is taken by the plaintiff from a judgment in the trial court in favor of the defendant corporation and the intervener, and against the plaintiff.

The record on appeal is made, aside from the usual transcripts, only upon the appellant’s opening brief, without any respondent’s brief. Therefore, there is nothing before this court to even indicate what position the defendant corporation and intervener Hinsch take with respect to the points raised by this appeal. The pleadings and evidence, of course, indicate their contentions before the trial court. An added burden is therefore placed upon this court to more thoroughly review all of the evidence and details of fact as developed before the trial court in order that a proper conclusion may be reached, having in mind the contentions of all of the litigants.

The action was brought by the plaintiff as the assignee of Olive Krug, who was an original assignee of R. E. L. Blankenship, for money in the amount of $6,289.32, claimed to have been had and received by the said defendant corporation from the said Blankenship.

The basis of this claim is that in organizing and financing the defendant corporation, which was…