Bengel

This action was brought by the plaintiff to recover on a cause of action which, according to the complaint, had been the property of Matthews-Kenney Co., and by assignment of which, it was alleged, the claims of said company, together with its right to sue for and collect the moneys in question, had passed to the plaintiff. Judgment was in favor of defendants, and plaintiff appeals therefrom.

The court found as a fact that said claim or demand never was assigned to the plaintiff and that plaintiff is not the holder thereof. We think that this finding is sustained by the evidence.

In April, 1924, respondent Kenney and one Frank T. Matthews agreed that they would form a corporation under the name of Matthews-Kenney Co., for the purpose of manufacturing clothing, etc. As a preliminary to the creation of such corporation they deposited in the Heilman Commercial Trust and Savings Bank the sum of $3,500, of which Kenney furnished $3,000 and Matthews $500. They then proceeded to the organization of a corporation under the name of Matthews-Kenney Co., Inc. The money was deposited in the name Matthews-Kenney Co., accompanied by the following notation over the signatures of Matthews and…