California Court of Appeal November 3, 1925, Docket No. 2976. (Biurrun v. Elizalde)

HART, J.

The complaint alleges that defendants, within two years immediately preceding the commencement of this action, became indebted to plaintiff in the sum of $6,300 for and on account of money “had and received by said defendants to the use of and benefit of plaintiff,” etc., that said sum “and the whole thereof is still due, owing and unpaid.