Addante v. Pompilio

Mr. Presiding Justice Matchett

delivered the opinion of the court.

May 18, 1938, plaintiff filed a complaint in which he alleged that on December 3, 1923, he deposited with defendant $3,000 to be by defendant transmitted and paid to plaintiff’s brother, Nicolla Addante, in Italy; that he also paid to defendant the necessary charges and costs for transmitting this money; that defendant at the time of the deposit gave plaintiff his receipt showing the deposit; that defendant neglected to remit the money and afterward appropriated it to his own use.

The complaint also avers that plaintiff made…