Camp v. Oakland Mortgage & Finance Co.

THE COURT.

Plaintiff instituted this action to recover the residue or balance of a loan fund remaining in defendant’s hands, the loan having been theretofore arranged for and negotiated by one George Phillips and wife to meet progress payments on certain improvement work undertaken by them. Plaintiff’s claim to this balance is founded upon what is described in the complaint as a “draft” drawn by Phillips and wife to the plaintiff’s order. It appears, however, that several other persons, including the assignee of Phillips and wife, had also made demand upon defendant for the two thousand…