Faulkner

This is an action for an accounting, and has been pending seventeen years. This is the second appeal to this court, the first being reported in 80 Cal. 636 , where a full statement of the facts may be found. Prior to the entry of the judgment which was before the court on the first appeal, the amount of money belonging to Steen which defendant Hendy had received was fixed by stipulation. On the sum so agreed upon the *18 court allowed interest at the rate of one and one-quarter per cent per month, compounded monthly. The defendant appealed, complaining of this rate of interest. One ground upon which the rate was defended here was that Hendy held the money as trustee for Steen, and had wrongfully used the funds in his business, in which he had realized a profit greatly exceeding the rate of interest allowed. This court decided that the rate could not be allowed, and remanded the case, with leave to the plaintiff “ to file a supplemental and amended complaint, charging the defendant, with profits actually realized from the use of the trust fund, upon which the cause may be tried anew.” Otherwise the direction was that without a new trial interest be computed on the balance due the…