Samonset

This is an action to recover the sum of five hundred dollars, with interest thereon.

The court below found the facts and rendered judgment in favor of the plaintiff, from which and from an order denying a new trial the defendant, Darancette, appeals.

The facts, as disclosed by the record, are, in substance, as follows; In 1886 respondent, being about to leave the city of Los Angeles and go to France, left with appellant the sum of five hundred dollars to be loaned out by him at interest for the use and benefit of respondent. Appellant received the money and agreed to loan the same, without any charge or compensation for so doing, and to collect the principal and interest, and, when collected, to remit the same to respondent in France.

About October 1, 1886, respondent departed from Los Angeles and went to France, where he has ever since resided. Within a few days after his departure appellant loaned the said five hundred dollars to one Couture *356 and took Ins promissory note therefor, payable in one year, with interest at the rate of twelve per cent per annum, but took no security for its payment. The loan to Couture was made to enable him to commence and carry on business in…