
    29818.
    TARVIN v. DAVIS, trustee.
    Decided March 13, 1943.
    Rehearing denied March 30, 1943.
    
      Maddox & Griffin, for plaintiff in error.
    
      Leon & Dean Covington, J. R. Smith, contra.
   Stephens, P. J.

John W. Davis, as trustee in bankruptcy of Miller Distributing Company, instituted suit against Howard Tarvin, to, recover $2400 alleged to belong to that company, a partner ship, before the adjudication in bankruptcy, and to have been ' wrongfully paid by one of the partners to the defendant in settlement of a gambling debt; and alleging that the defendant had illegally converted such sum to his own use and refused to pay it to the trustee on demand. A general demurrer to the petition was overruled, and the defendant excepted.

The allegations of the petition are similar to the allegations in Brownlow v. Davis, supra; and this case is controlled by the decision in that case.

Judgment affirmed.

Sutton and Felton, JJ., concur.  