Riley

This is an appeal from a judgment in favor of plaintiff and the order of the court denying defendant’s motion for a new trial.

The action was brought to recover the sum of nine hundred and thirty dollars, alleged to have been wrongfully retained and converted to his own use, out of a sum of two thousand five hundred dollars, alleged to have been collected by defendant for and on behalf of plaintiff, as her attorney.

The answer is in substance and effect that, though defendant did collect the sum of two thousand five hundred dollars, only the sum of $1,366.51 was the property of plaintiff, and that the balance thereof, according to agreement between plaintiff and defendant, was the property of defendant, as and for his fee for services rendered to plaintiff.

The action was tried before a jury, and resulted in a verdict for the sum of nine hundred and thirty dollars in favor of plaintiff.

The general facts of the case are that plaintiff asserted a claim to certain moneys on deposit in three different banks in San. Francisco, standing on the books of said banks in the names of Sophia Moore and plaintiff. The moneys, to the amount of $13,611.18, had been deposited by Sophia Moore,…