Cal-Neva Lodge, Inc. v. Marx

KINCAID, J., pro tem. *

Appeal by defendant from judgment for plaintiff of $7,620 and interest. The complaint is in one count alleging that defendant received from eight named individuals sums totalling $7,620, for the use and benefit of plaintiff. The answer denied each allegation and alleged one affirmative defense on information and belief that plaintiff is in bankruptcy.

The pretrial conference order incorporated an agreed statement of the parties wherein defendant admitted he did receive the claimed sums of money for the use of plaintiff. The order then stated the only remaining issue in…