Ladd

Action originally brought by plaintiff against defendant bank to recover a sum alleged to be in the hands of said bank due plaintiff. Defendant Myers being made a party answered, claiming such funds. Thereupon the defendant bank deposited the same in court, and upon the trial, findings and judgment went for defendant Myers. Plaintiff appeals from such judgment, and from an order denying a new trial.

The facts are these: One Heart, the owner of a promissory note for $2,000 theretofore executed by one Newton, placed the same in the hands of the First National Bank of Santa Ana as pledge-holder to hold the same as collateral to an obligation owing from Heart to one Walker, with instructions upon collection to pay Walker a specified sum and the balance to Heart. Afterward Heart purchased' certain personal property from defendant Myers, and in consideration thereof agreed to execute his promissory note to Myers for $1,000 and secure the same by his interest in the Newton note; and accordingly, in company with Myers, visited the bank and directed the cashier thereof to hold the Newton note as collateral to the Walker and Myers claim and out of the proceeds pay such claim. Afterward…