Goodwin

This action was instituted to recover money delivered to defendant for the use and benefit of plaintiff’s intestate. The delivery of said money to the defendant was denied by the answer. Judgment was rendered in favor of plaintiff and defendant appeals.

The only point made by defendant upon this appeal is the insufficiency of the evidence to justify the judgment. It was proven at the trial that the deceased, William H. H. Goodwin, on the twenty-fourth day of December, 1919, paid to defendant the sum of $1,250. The payment was made by means of a check for $1,250 sent to the defendant through the mail, which check, when admitted in evidence, bore the indorsement of the defendant, and also the stamp of the hank upon which it was drawn, showing the same to have been paid. Defendant admitted the receipt of said cheek, and that he had cashed the same and received the money thereon, but claimed that this money had been paid to him by Goodwin in payment of a loan in the same amount made by him to Goodwin. Upon cross-examination he was unable to show where or how he obtained the money loaned to Goodwin, except that he “had saved it up from different times from deals and things.” He…