Court of Appeals for the Ninth Circuit November 4, 1907, No. 1,431 (Rosenthal v. Pine Hill Consol. Mining Co.)

GILBERT, Circuit Judge.

On September 27, 1904, the defendant in error commenced an action against the plaintiff in error to recover the sum of $9,410.61. It was alleged in the complaint that between September 28,1901, and June 25, 1903, the defendant in error intrusted to the plaintiff in error, as its agent and superintendent, sums of money .aggregating $44,066.