Hynes

The respondent, as the administrator of the estate of Alexander Hay, deceased, sued the appellant to recover certain bonds, or their value. In a second count the plaintiff sought to recover $500 with interest claimed to have been loaned by Hay to the defendant. The defendant denied the allegations of ownership of the bonds by the estate, and alleged affirmatively that Hay had canceled the note given by her to evidence the five hundred dollar loan. The case was tried without a jury. The trial court found that the defendant was not entitled to certain of the bonds claimed to .have been given her May 31, 1913, because it was further found that they were intrusted to her without the intent on the part of Hay to make a gift. It was found that other securities claimed to have been given to the defendant in January, 1914, were given her, and also that Hay forgave her the five hundred dollar debt. It further found that the bonds found to belong to the estate had been sold by the defendant and that their value was. $5,874.50, for which amount judgment was rendered against her. A motion for new trial was denied, and it is claimed that the court erred therein as also in certain proceedings…