
    Burgess v. Eaton, appellant.
    
      Payment—appropriation of.
    
    The plaintiff paid defendant $400 of her own money, which she directed to apply upon a mortgage held by him against a house owned by her husband The defendant did not so apply it, but applied it upon a general indebted ness of the husband to him.
    
      Held, that plaintiff could recover back the amount so misappropriated.
    Appeal from a judgment in favor of the plaintiff upon a report of a referee. ■ .
    
      H. J. Thomas, for appellant.
    
      Q. Van Voorhees, for respondent.
    E. D. Smith, J.
     