Meddaugh

The findings of the court in this action are to the effect that within two years preceding the commencement thereof the defendant became, and ever since has been, and now is indebted to the plaintiff in the sum of $1182.05, as and for money had and received by the defendant from the plaintiff to and for the use and benefit of the plaintiff. That before the commencement of this action the plaintiff demanded the return of said sum, but that the defendant has neglected, failed and refused to return or pay the same, or any part thereof, to the plaintiff, and that there is now due to the plaintiff from the defendant the sum of $1182.05. Judgment was entered in accordance with the findings. From this judgment the defendant appeals.

The basis of the appeal is the alleged insufficiency of the evidence to support the findings to which we have just referred.

The record shows that during all the times mentioned in the complaint the plaintiff was the owner of a certain cafe in the town of San Andreas, known as and called the “Meadow Lark Cafe”; that on or about November 4, 1928, the plaintiff left San Andreas and entered into a hospital for treatment, and remained away until about the 4th…