Beckett

The defendant appeals from the judgment entered herein on the ninth day of February, 1917. On appeal from a former judgment in this actipn the judgment was reversed ( 23 Cal. App. 373 , [ 138 Pac. 115 ]). After a second trial of the action judgment has been entered a second time in favor of the plaintiff. The pleadings have not been amended and the issues at the second trial were the same as at the first trial. In the former decision on appeal this court said: “In this action plaintiff alleged that she intrusted to defendant for the purpose of collection a certain note and mortgage then owned by her, executed by one Juliet Bums, upon which there was due and payable the sum of one thousand five hundred dollars; that on December 30, 1909, said Bums paid the same to defendant, who appropriated it to his own use and refused to pay the same or any part thereof to plaintiff. These allegations, other than the refusal to pay, are denied by the answer, which further alleged that in December, 1909, said Burns paid to defendant the sum of one thousand five hundred dollars for the use of one Sarnighausen, who on December 22, 1909, made and delivered to plaintiff his note therefor, which said…