#### MRS. MARGARET W. WRIGHT v. FOREST HILL COUNCIL No. 49, JUNIOR ORDER OF UNITED AMERICAN MECHANICS; BUFORD CRANFILL, J. A. SIMPSON, S. C. CASS, and T. F. WHITTINGTON.

(Filed 2 November, 1938.)

Appeal of defendants from Warlick, J., at June Term, 1938, of Cabarrus.

Affirmed.

The plaintiff, Mrs. Margaret W. Wright, widow of J. II. Wright, brought this action against Forest Hill Council No. 49, Junior Order of United American Mechanics, and codefendants, to recover $250.00 which she alleged was due her as a balance of the proceeds of an insurance policy, and death benefits, on the life of her husband, which she further alleges was received by all of the defendants and wrongfully appropriated to other uses. The evidence tended to show that the local Council received $1,000.00 on account of the death of Wright, which was deposited in the treasury of the Council, and $750.00 paid to Mrs. Wright.

When the insurance checks of the National Council came to the local Council, No. 49, the treasurer of that Council had to endorse them, and the councilor and recording secretary verified upon the checks that the person endorsing as treasurer was in fact treasurer of the Council. In this instance the check was endorsed by the defendant Cass, treasurer, Simpson, recording secretary, and Cranfill, councilor. After deposit, it became necessary for any withdrawal check to be drawn by the recording secretary and signed by the councilor and presented to and paid by the treasurer, either in cash or by drawing a check bn the funds of the local Council.

The funds received on account of the death of Mr. Wright were commingled with the common funds of the local Council, and the balance of $250.00, which was not paid to Mrs. Wright, was paid to the National Council in order to keep up the dues of the local Council and keep it in good standing.

The evidence tends to show that none of the money was used by any of the Councils codefendants for his own benefit.

*837On tbe trial of tbe case a nonsuit was entered as to tbe defendant Whittington, and motion for judgment as of nonsuit overruled as to tbe other defendants. Tbe trial resulted in a verdict and judgment for tbe plaintiff for $250.00 and interest, and defendants appealed.

H. S. Williams for plaintiff, appellee.

Hartsell & Hartsell for defendants, appellants.

Per, Curiam:.

We have carefully examined tbe record and tbe exceptions of tbe defendants and find no error. Tbe judgment of tbe court below is therefore

Affirmed.