Tomboy Gold & Copper Co. v. Marks

This is an action for five hundred dollars alleged to have been had and received by defendants for the use of plaintiff. Judgment went for defendants, and plaintiff appeals upon the judgment-roll alone. The claim is that the findings of the trial court do not support the judgment, and that Upon such findings judgment should have been given for the plaintiff.

As to the defendant D. 0. Marks, referred to in the answer as the president of defendant corporation, it is clear that the findings fully support the judgment in his favor.

As to plaintiff and defendant corporation, the findings are, in…