Appeal from the Circuit Court of the United States for the Western District of the Northern Division of Washington.

The appellee brought a suit against the appellant to cancel a contract under which the latter as agent had been engaged in selling safes manufactured by and consigned to it by the appellee, and to obtain an accounting. In the bill it was alleged that the appellant had collected large sums on sales of safes, and had refused to remit the same to the appellee; that on March 28, 1906, the appellant acknowledged in writing to the appellee that it had received and collected, and still retained and had converted to its own use out of the proceeds of sales of safes, the sum of §33,027.50; and that it had failed to pay the same. After the appellant had answered, the appellee moved the court that the appellant be required to pay into the registry of the court §33,027.50. The motion was based upon the bill and answer and the affidavits on file. In the affidavits it was shown, and this was not denied, that on March 28, 1906, the appellant wrote as follows to the appellee: “Gentlemen: We have placed to the credit of your account on our books the amount of thirty-three thousand twenty-seven and so/ioo covering the following safes which we have sold.” Then followed a list of the safes. The motion of the appellee was allowed, and it was ordered that the appellant pay into the registry of the court the sum of $33,027.50. This order was made under rule 31 of the Circuit Court, which provides as follows: “Whenever it is admitted by the pleading of any party to an action at law or suit in equity or is admitted by such party upon his examination that he has in his possession or under his control any money or other thing capable of delivery, which being the subject of litigation is held by him as trustee for another party to the cause, or which belongs or is due to another party to the canse, the court may, in its discretion upon motion made after due notice, order the same to be deposited in court pending the litigation, or to he 'delivered to the party to whom it belongs or is due (subject to the further order of the court), upon such conditions as may be just, including the release of the party who has it in possession from all further liability with respect to it.” From the order so made, the present appeal is taken.