McCreery

The plaintiff sues to recover five thousand dollars and interest from the defendant.

It is alleged in the complaint that the defendant, on the 4th of November, 1887, received five thousand dollars of the plaintiff’s money, to be invested for the latter in lands of the California Cheap Land Pool; that the defendant did invest the money in that pool, and in some lands or other investments, but not to the use and benefit of the plaintiff, hut in the name of the defendant and for himself; that the plaintiff has demanded his money thus invested in the name of the defendant, and has not received it or any part of it, or anything for and on account thereof.

For a second cause of action, it is alleged that the five thousand dollars came into the possession of the defendant for and on account of the plaintiff, and as his property, and that it still is held in trust for the plaintiff by the defendant; that the defendant has been called on by the plaintiff for an accounting for that sum of money, and that it be returned and paid to the plaintiff with interest from the 4th of November, 1887, to which demand the defendant has failed and refused to accede, or to pay anything to the plaintiff,…