Shafer

The complaint in this action is in the form of a common count for money had and received by the defendants J. T. Fisher and the General Packing Corporation from the plaintiff. The judgment was that plaintiff have and recover from the defendant the sum of $1,672.27, together with interest and costs, and that the defendant Fisher have and recover of plaintiff his costs. The appeal is from the judgment entered in favor of the defendant J. T. Fisher.

The fact's as developed by the testimony are: That ,at the time the money was loaned by Karl F. Ross, acting as agent for the plaintiff, the defendant Fisher was assistant treasurer of the defendant corporation. A few days before the loan of $1,000 by plaintiff, the defendant Fisher advanced to the corporation $1,000 upon the understanding with one Scott, the president of the corporation, that when the $1,000 was received from Ross, defendant should reimburse himself with the moneys. Accordingly, when the two chefeks amounting to $1,000 were received by the defendant Fisher they were indorsed by him and deposited in his account. Alto- getter the plaintiff loaned to the corporation through her agent, Dr. Eoss, the sum of $2,000, part of…