Paddock

Plaintiff, as administrator of the estate of May Howe, sued the defendant for money had and received. The complaint alleged that on June 21, 1923, May Howe was the owner of money on deposit in a savings account in the Anglo-California Trust Company and of Liberty bonds held by the same bank, amounting in all to $3,949.27; that on said day she authorized the said bank to pay the money to defendant for the use and benefit of May Howe; and that on June 22, 1923, defendant received said sum of money from said bank and has retained the same. The answer denied that May Howe authorized the defendant to withdraw the money from the bank for her use and benefit and alleged that the defendant has claimed and still claims the money as his own. Trial was had before the court without a jury and judgment went for the plaintiff for $3,634.11, being the amount claimed, less the sum of $315.16, which defendant had paid out to meet the funeral expenses of the deceased. From this judgment the defendant has appealed on a typewritten record.

The trial court found that “on the 21st day of June, 1923, at Los Altos, Santa Clara County, California, said May Howe, in writing, authorized and instructed the…