Steaubli v. Blaine National Bank

The opinion of the court was delivered by

Hoyt, C. J.

This action was brought to recover the sum of $240, which, it was alleged, had been received by the defendant for the use and benefit of the plaintiff. The proofs disclosed the fact that it was claimed that the defendant had ■ received the proceeds of 150,000 shingles which belonged to plaintiff. Hence the first question to be decided is as to the title to the *427shingles, the proceeds of which, it was alleged, had been appropriated by the defendant. If it does not appear from the proofs that such shingles were the property of the plaintiff, it…