Bradbury

Plaintiff appeals from the judgment and order denying a new trial.

The action is for money had and received. There is but one finding, as follows: “ That on the seventh day of June, 1888, David McClure received the sum of $2,790 to and for the use and on behalf of James McCord, and that on the same day, he, said David McClure, paid the same sum of $2,790, and the whole thereof, to said James McCord.”

There can be no doubt that there is evidence to sustain this finding; but it is contended that the evidence was improperly admitted, and that is really the only question that is involved on this appeal.

It seems that the money was deposited with McClure by McCord in pursuance of an agreement between himself and one Schmitt, who had sued him and attached some of his property. The property was released in pursuance of this agreement, McClure agreeing to hold the money and other property as security for any judgment Schmitt might recover.

Notwithstanding this agreement, the evidence tended to show, and the court found the fact to be, that McClure immediately paid the money to McCord.

It is contended that such payment, if made, would be a violation on the part of McClure of his…