Rock

— This is a proceeding to review a recommendation of the Board of Governors of The State Bar of California that petitioner be suspended from the practice of law for a period of 90 days.

The record discloses that (1) December 15, 1959, petitioner received from his client, Mr. Bodine, of Arizona, an endorsed settlement check for $900, in which Mr. Bodine had a $650 interest, and deposited the check in his own bank account, rather than in a “trust” bank account as specified in rule 9 of the Rules of Professional Conduct; * (2) December 22, 1959, Mr. Bodine wired petitioner from Arizona, demanding payment of the amount due him; (3) December 29, 1959, Mr. Bodine sent a letter to petitioner by registered mail from Arizona, requesting remittance by certified check, and he received a return receipt bearing the signature of petitioner’s secretary as of December 30, 1959; (4) petitioner claimed he sent a remittance of $650 on December 29, 1959, to Mr. Bodine by a so-called “wild” cheek (no entry thereof being made in petitioner’s check record) and a letter, which were never received by Mr. Bodine, and the originals were not produced at the hearing before respondent; (5) December 31, 1959,…