Rankin

Action to recover money alleged

have been left with defendant on deposit; verdict and judgment for plaintiff; appeal by defendant from tie judgment and an order denying a new trial.

It is alleged in the complaint that one Timothy Col *89 lins died on the twenty-ninth day of August, 1883; that plaintiff is the administrator of his estate; that defendant is a corporation, organized under the laws of this state, and that at all the times mentioned in the complaint, it maintained and conducted a house, known as St. Mary’s Hospital, wherein it received, boarded, lodged, and cared for persons for pay or hire; that on the tenth day of July, 1882, Collins became an inmate of said house, to be boarded, lodged, and cared for by defendant, and on the same day deposited with defendant the sum of two thousand dollars in gold coin; that the purpose of the deposit so made was to have the .money safely kept by defendant, and a reasonable portion thereof applied in payment of the board, lodging, and care furnished him, and the balance thereof returned to him whenever he should depart from or cease to be an inmate of the house; that defendant received the money on the terms and conditions…