McCown

In this action for money had and received, defendant had judgment and plaintiff appeals.

At the pretrial it was stipulated that on October 15, 1956, plaintiff caused to be issued his cheek for $16,000 payable to the order of the defendant, who signed a written receipt therefor, and that said sum has not been paid to the plaintiff by defendant or by anyone on his behalf.

In the trial the plaintiff contended and offered evidence to prove that the delivery of his check to the defendant was a personal loan to the defendant or, if not a loan, it was money paid to the defendant upon a solicitation for the sale of unauthorized securities in violation of the Corporate Securities Act.

Upon conflicting evidence the court found that the delivery of the cheek to the defendant was not a personal loan to the defendant but that the plaintiff delivered the check to the defendant for the purpose of his delivering it to the Boulder Club, a gambling casino in Las Vegas, Nevada; that pursuant to said purpose defendant took the check to Nevada, endorsed it and delivered it to the operator of the Boulder Club who cashed the check and added the proceeds *405 to the cash assets of the club and caused…