Walters

Plaintiff (appellant) sued, among others, Continental Capital Corporation (hereinafter referred to as CCC) and attached, as property belonging to it, $12,375 in escrow. Thereafter, Byron J. Walters (respondent) filed a complaint in intervention against all parties claiming to be owner of the funds. Meanwhile, in the main action, plaintiff dismissed all defendants except CCC; judgment was entered against it in favor of plaintiff in the sum of $13,312. Trial on the complaint in intervention resulted in judgment against plaintiff; it appeals therefrom.

Viewing the evidence in a light most favorable to respondent (Crawford v. Southern Pac. Co., 3 Cal.2d 427 [ 45 P.2d 183 ]; Primm v. Primm, 46 Cal.2d 690 [ 299 P.2d 231 ]; Grainger v. Antoyan, 48 Cal.2d 805 [ 313 P.2d 848 ]), we briefly set forth the facts leading up to the attachment. On November 10, 1960, Walters, seeking a loan of $1,100,000 to build a hotel on certain properties in Idyll wild, deposited in the bank in escrow the sum of $17,875 ($12,375 was to be paid “to the lending institution for the standby fee for [Walters’] formal commitment,” and $5,500 was paid to Contractors Counseling Services Inc. [hereinafter referred to…